Surya Dev Rai vs Ram Chander Rai & Ors

The Court examined whether a petition under Article 226 of the Constitution is maintainable for seeking an interim injunction against an order passed by a civil court rejecting an application under Order XXXIX Rules 1 and 2 of the CPC. The Court held that when a statutory remedy exists in the form of a civil appeal or revision, the High Court should not exercise its extraordinary jurisdiction under Article 226 to bypass the hierarchy of civil courts. Consequently, the petition was found to be non-maintainable as it sought to circumvent the prescribed legal process for challenging interim orders.