AIR 1962 MADRAS 458 ::1975 MadLW 316 ::ILR (1962) Mad 744

Madras High Court

Hon'ble Judge(s): Jagadisan, Srinivasan , JJ

(A) Constitution of India , Art.226— High Court's jurisdiction under - Order of subordinate civil court susceptible to appeal or revision cannot be quashed in certiorari - Writ of prohibition cannot be issued to restrain it from exercising jurisdiction. Article 226 does not clothe the High Court with jurisdiction to quash the orders of a subordinate court. An order of the Assistant City Civil Judge, susceptible of an appeal or revision cannot be quashed by a writ of certiorari and a writ of prohibition restraining or forbearing it from proceeding to exercise jurisdiction in any matter before it cannot be issued.(Para 28 31) The jurisdiction to issue writ, it does not matter whether it is the Supreme Court exercising its powers under Art.32 or whether it is the State High Court exercising its powers under Art.226, is not the cloak of an appeal in disguise. The exercise of jurisdiction is only an original jurisdiction quite distinct and separate from the exercise of appellate jurisdiction.(Para 26) The Court of King's Bench in England had not the jurisdiction to issue prerogative writs against judgments and orders of Civil Courts where a writ of error or a procedure by way of appeal lay. The Supreme Court of Madras established under the Charter Act of 1800 which had the same jur....