Supreme Court of India · 2014-04-09
JACKY vs TINY @ ANTONY .
- Citation / case number
- SC 2012/2889
- Court
- Supreme Court of India
- Petitioner
- JACKY
- Respondent
- TINY @ ANTONY .
- Author
- SUDHANSU JYOTI MUKHOPADHAYA
- Bench
- S.A. BOBDE SUDHANSU JYOTI MUKHOPADHAYA
Judgment text excerpt
The Supreme Court held that the High Court, while exercising powers under Articles 226 and 227 of the Constitution of India, does not have the authority to set aside a plaint in a civil suit. The Court emphasized that such powers should be exercised with caution and only in exceptional circumstances. The appeal was allowed, and the order of the High Court was set aside, reinstating the plaint and allowing the proceedings to continue.