Availability of Appellate Remedy Under CPC For Supervisory Jurisdiction

Availability of Appellate Remedy Under CPC For Supervisory Jurisdiction

AMIMA AFSHEEN KHAN 

BACKGROUND

Article 227 of the Constitution confers on every High Court the power of superintendence over all courts and tribunals throughout the terrains in relation to which it exercises influence excepting any court or tribunal constituted by or under any law relating to the armed forces.

The bench comprising of Justice Rohinton Fali Nariman and Justice V. Ramasubramanian for the case Virudhunagar Hindu Nadargal Dharma Paribalana Sabai vs. Tuticorin Educational Society was considering an appeal against an order of the high court passed under article 277 of the Constitution.

MAIN ISSUE (Availability of Appellate Remedy Under CPC)

In this case, declining the protestations to the maintainability of the modification under Article 227 on the ground of obtainability of an appellate remedy under the Code, the High Court had allowed the Civil Revision Petition and set aside the order of injunction granted by the trial Court.

The bench noted that the availability of a remedy of appeal may not always be a bar for the exercise of supervisory jurisdiction of the High Court. But, referring to A. Venkatasubbiah Naidu Vs. S. Chellappan and Radhey Shyam Vs. Chhabi Nath the bench held:

“But courts should always bear in mind a distinction between (i) cases where such alternative remedy is available before Civil Courts in terms of the provisions of Code of Civil procedure and (ii) cases where such alternative remedy is available under special enactments and/or statutory rules and the fora provided therein happen to be quasi-judicial authorities and tribunals. In respect of cases falling under the first category, which may involve suits and other proceedings before civil courts, the availability of an appellate remedy in terms of the provisions of CPC, may have to be construed as a near-total bar.
Otherwise, there is a danger that someone may challenge in a revision under Article 227, even a decree passed in a suit, on the same grounds on which the respondents 1 and 2 invoked the jurisdiction of the High court.”

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CONCLUSION

The Supreme Court observed that the availability of Appellate Remedy under CPC for Supervisory Jurisdiction remedy in terms of the provision of Code of Civil Procedure can be constructed as a ‘near-total bar’ for the exercise of supervisory jurisdiction under Article 277 of the Constitution of India.

The court held that “The availability of a remedy under the CPC, will deter the High court, not merely as a measure of a self-imposed restriction, but as a matter of discipline and prudence, from exercising its power of superintendence under the Constitution.”

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