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Shri Digant vs. M/s. P.D.T. Trading Co.

Not available · 2025 INSC 1352Decided 18 Nov 2025
Not available
Justice Manoj Misra · Justice Joymalya Bagchi

Background

Shri Digant sued his tenants for possession under the Maharashtra Rent Control Act, 1999. During the trial, the tenants' lawyer filed a "pursis" (a note to the court) stating he had lost contact with his clients and had no further instructions, but he never formally withdrew from the case. The trial proceeded, and the suit was decreed in the landlord's favour in 2015. The first appellate court upheld this after detailed scrutiny, but the Bombay High Court (Nagpur Bench), exercising its supervisory writ jurisdiction under Article 227, set aside the appellate order and sent the case back, holding that the tenants should have been given fresh notice to engage another lawyer.

Decision Breakdown

The Supreme Court held that the High Court had exceeded the limited scope of its supervisory jurisdiction under Article 227, which exists only to correct jurisdictional errors or grave failures of justice, not to re-examine a well-reasoned finding of a lower appellate court on the merits. It found the lawyer's "pursis" was merely a notice of possible future action, not a formal withdrawal of his vakalatnama (authorization to represent), and that the tenants had made no effort over three months to engage a new lawyer or claim they were unaware of the notice. The Supreme Court allowed the appeal, set aside the High Court's order, and restored the original decree in the landlord's favour.

Lesson Learnt

A High Court's supervisory power under Article 227 is not a backdoor appeal on facts. It can only be used for genuine jurisdictional errors, not simply because the High Court might have decided differently. Also, a lawyer merely saying "I have no instructions" is not the same as formally withdrawing from representing a client.

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

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