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august 2003

Supreme Court of India · 2003-08-07

SURYA DEV RAI vs RAM CHANDER RAI .

Citation / case number
SC 2002/11771
Court
Supreme Court of India
Petitioner
SURYA DEV RAI
Respondent
RAM CHANDER RAI .
Author
ASHOK BHAN. R.C. LAHOTI
Bench
ASHOK BHAN. R.C. LAHOTI

Judgment text excerpt

The Supreme Court addressed the implications of the amendment to Section 115 of the Code of Civil Procedure (C.P.C.) by Act 46 of 1999, which restricts the High Court's revisional jurisdiction over interlocutory orders. The Court held that the amendment does not completely deprive an aggrieved party of judicial review under Articles 226 and 227 of the Constitution, even if the remedy of civil revision is no longer available. The judgment clarifies that the High Court retains the power to intervene in cases of gross failure of justice despite the limitations imposed by the amendment.

SURYA DEV RAI vs RAM CHANDER RAI . · Niyam