NDLI: Virudhunagar Hindu Nadargal Dharma Paribalana Sabai & Ors. Vs. Tuticorin Educational Society & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Scope of Challenged in revision petition Jurisdiction under Interim injunction in a civil suit Art.227
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Constitution of India: Art.227 – Jurisdiction under – Scope of – Though availability of a remedy of appeal may not always be a bar for exercise of supervisory jurisdiction of High Court – But in civil proceedings under CPC, when the forum is civil court, availability of remedy under CPC, will deter the High Court from exercising its power of superintendence under Art.227 – In the present case, since specific remedy of appeal was available to the party, High Court should not have entertained the revision u/Art. 227. Injunction: Interim injunction in a civil suit – Restraining interalia the respondent-Secretary of the respondent-Society from functioning as Secretary – Challenged in revision petition – High Court allowed the petition setting aside the injunction order holding that the same was passed in haste – Appeal to Supreme Court – Held: High Court had overlooked the fact that the respondent-Secretary having been injuncted from acting as a Secretary of the respondent-Society, could not have filed revision petition on behalf of the respondentSociety – High Court was also wrong in holding that the order was passed in haste – Injunction order was passed after duly hearing the opposite party – Order XXXIX r.3A of CPC also mandates disposal of injunction application within 30 days – Therefore, impugned order set aside – Advocate Commissioner appointed to convene the ‘General Body’ as well as ‘Executive Committee’ meeting for the election of Office Bearers – Code of Civil Procedure, 1908 – Or. XXXIX r.3A.
Judge	Hon'ble Mr. Justice V. Ramasubramanian
Neutral Citation	2019 INSC 1117
Petitioner	Virudhunagar Hindu Nadargal Dharma Paribalana Sabai & Ors.
Respondent	Tuticorin Educational Society & Ors.
SCR	[2019] 13 S.C.R. 634
Judgement Date	2019-10-03
Case Number	7764

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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Virudhunagar Hindu Nadargal Dharma Paribalana Sabai & Ors. Vs. Tuticorin Educational Society & Ors.

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Virudhunagar Hindu Nadargal Dharma Paribalana Sabai & Ors. Vs. Tuticorin Educational Society & Ors.

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