The three- Judge Bench of the Supreme Court yesterday declared that "Challenge to judicial orders could lie by way of appeal or revision or under Article 227 and not by way of a writ under Article 226 and 32.
The Apex Court overruled the contrary view in Surya Dev Rai vs. Ram Chander Rai and Ors. 2003 (6) SCC 675 that an order of civil court was amenable to writ jurisdiction under Article 226 of the Constitution.
RADHEY SHYAM & ANR v. CHHABI NATH & ORS.
CIVIL APPEAL NO.2548 OF 2009
CIVIL APPEAL NO.2548 OF 2009
Judgment Dated : 26/02/2015
CORAM : H.L. DATTU CJI , A.K. SIKRI .J, ADARSH KUMAR
GOEL .J
GOEL .J
CATCHPHRASE:
(i) Judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution;
(i) Judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution;
(ii) Jurisdiction under Article 227 is distinct from jurisdiction from jurisdiction under Article 226.
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