Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Art. 227 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Art. 227 – Power of superintendence over all courts by the High Court – Power of revision – Extent and scope of – Revision petitions u/Art. 227 challenging an ex-parte judgment and decree of specific performance of the trial court, and the order refusing to condone of delay in filing of an application for setting aside of the ex-parte judgment and decree observing that no sufficient cause was shown – High Court allowed the revision petitions and set aside the judgment and decree, holding that there was total non-application of mind as the trial court did not consider the aspect of readiness and willingness on the part of the plaintiff; and that trial court without expressing anything on merits refused to condone the delay – On appeal, held: High Court did not at all consider whether the trial court was justified in refusing to condone such a huge delay of 2345 days – High Court also did not appreciate and consider the fact that the order passed by the trial court refusing to condone the delay of 1522 days in so far as original defendant No. 1, had attained the finality – High Court did not consider the maintainability of the petition u/Art. 227 – Remedy to challenge the ex-parte order was available by way of an appeal before the first appellate court – Thus, the High Court ought not to have entertained the revision application u/s. 115 CPC and u/Art. 227 – Also, the High Court simply set aside the order refusing to condone the delay without any express justification – While setting aside the ex-parte judgment and decree, the High Court commented upon the legality and validity of the judgment and decree as if it was exercising appellate jurisdiction – High Court passed the order on irrelevant consideration and relevant aspects were not considered – High Court exceeded in its jurisdiction while setting aside the ex-parte judgment – Therefore, the impugned judgment and order passed by the High Court is unsustainable, and quashed and set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 696 |
Petitioner | Mohamed Ali |
Respondent | V. Jaya & Ors. |
SCR | [2022] 13 S.C.R. 274 |
Judgement Date | 2022-07-11 |
Case Number | 4113 |
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