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Supreme Court Of India

(From : 2012 AIR CC 1256 (Ker))

Hon'ble Judge(s): S. J. Mukhopadhaya, S. A. Bobde , JJ

Constitution of India , Art.226, Art.227— Writ petition - Quashing of plaint/civil suit - Powers of High Court under Arts. 226 and 227 cannot be exercised to question a plaint. 2012 AIR CC 1256 (Ker), Reversed. A petition under Article 226 or Article 227 of Constitution of India can neither be entertained to decide the landlord-tenant dispute nor it is maintainable against a private individual to determine an intense dispute including the question whether one party is harassing the other party. The High Court under Article 227 has the jurisdiction to ensure that all subordinate courts as well as statutory or quasi-judicial tribunals, exercise the powers vested in them within the bounds of their authority but it was not the case that the order passed by the Munsiff Court was without any jurisdiction or was so exercised exceeding its jurisdiction. If a suit is not maintainable it was well within the jurisdiction of the High Court to decide the same in appropriate proceedings but in no case power under Articles 226 and 227 of Constitution of India can be exercised to question a plaint. 2012 AIR CC 1256 (Ker), Reversed.(Para 17 18) .....