Supreme Court of India · 2009-04-15
RADHEY SHYAM vs CHHABI NATH .
- Citation / case number
- SC 2008/918
- Court
- Supreme Court of India
- Petitioner
- RADHEY SHYAM
- Respondent
- CHHABI NATH .
- Author
- H.L. DATTU,A.K. SIKRI,ADARSH KUMAR GOEL
- Bench
- H.L. DATTU,A.K. SIKRI,ADARSH KUMAR GOEL
Judgment text excerpt
The Supreme Court held that the legal proposition in Surya Dev Rai regarding the maintainability of writ petitions under Article 226 against civil court orders is incorrect. The Court clarified that under Article 227, the High Court's power of superintendence should only be exercised in exceptional cases of manifest miscarriage of justice, and not for correcting judicial orders of civil courts. The matter was referred to a larger bench for further consideration of the law laid down in Surya Dev Rai.