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february 2015

Supreme Court of India · 2015-02-26

Radhey Shyam & Anr vs Chhabi Nath & Ors

Citation / case number
AIR 2015 SUPREME COURT 3269
Court
Supreme Court of India
Petitioner
Radhey Shyam & Anr
Respondent
Chhabi Nath & Ors
Author
Adarsh Kumar Goel
Bench
Adarsh Kumar Goel, A.K. Sikri, H.L. Dattu

Judgment text excerpt

The Supreme Court referred the matter to a larger bench to reconsider the legal proposition established in Surya Dev Rai vs. Ram Chander Rai regarding the maintainability of writ petitions under Article 226 against orders of civil courts. The Court clarified that under Article 227, the High Court's power is limited to superintendence and does not extend to correcting judicial orders of civil courts, which can only be reviewed in exceptional cases of manifest miscarriage of justice. The Court ultimately disagreed with the Surya Dev Rai ruling, stating it contradicted the established ratio in Mirajkar, which holds that certiorari does not lie to quash judgments of inferior civil courts.

Radhey Shyam & Anr vs Chhabi Nath & Ors · Niyam