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Radhey Shyam & Anr. v. Chhabi Nath & Ors. (with SLP(C) No. 25828/2013, Jagdish Prasad v. Iqbal Kaur & Ors.)

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2548 of 2009)Decided 26 Feb 2015
Civil Appeal No. 2548 of 2009
Chief Justice H.L. Dattu · Justice A.K. Sikri · Justice Adarsh Kumar Goel

Background

This judgment answers a question of law; it does not decide the case itself. The matter was placed before three judges to consider whether the earlier ruling in Surya Dev Rai was correct, that is, whether an order of a civil court can be challenged in writ jurisdiction under Article 226 of the Constitution. The underlying appeal concerns an Allahabad High Court order that vacated an interim injunction.

Decision Breakdown

This is not a final judgment in the case itself. The Court held that judicial orders of civil courts are not open to writ jurisdiction under Article 226 and that the jurisdiction under Article 227 is distinct from Article 226. It overruled the contrary view in Surya Dev Rai vs. Ram Chander Rai. The Court then directed that the matters go before the appropriate Bench for further orders.

Lesson Learnt

A civil court's judicial order cannot be challenged by a writ of certiorari under Article 226; the remedies are appeal, revision or a petition under Article 227, which is a narrower power. There is no final ruling yet on the appeal itself.

Official source (sci.gov.in)View Judgment (PDF)

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