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january 1966

Supreme Court of India · 1966-01-06

RAMESH AND ANOTHER vs SETH GENDALAL MOTILAL PATNI AND OTHERS

Citation / case number
SC 1965/37
Court
Supreme Court of India
Petitioner
RAMESH AND ANOTHER
Respondent
SETH GENDALAL MOTILAL PATNI AND OTHERS
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,RAMASWAMI, V.,SATYANARAYANARAJU, P.

Judgment text excerpt

The Supreme Court held that proceedings under Article 226 of the Constitution of India are considered 'civil proceedings' when they affect civil rights, as established in S. A. L. Narayan Row & Anr. v. Ishwarlal Bhagwandas & Anr., AIR 1965 SC 1818. The Court clarified that an appeal under Article 133 lies only in matters heard in the High Court's appellate or ordinary civil jurisdiction, not in extraordinary original jurisdiction under Article 226. The dismissal of the writ petition by the High Court was deemed a final order, thus allowing the appellants to seek special leave to appeal to the Supreme Court.

RAMESH AND ANOTHER vs SETH GENDALAL MOTILAL PATNI AND OTHERS · Niyam