MOHAMMED YUSUF v. FAIJ MOHAMMAD & ORS

Citation: [2008] 17 S.C.R. 20

Court: Supreme Court of India

Bench: S.B. SINHA, CYRIAC JOSEPH

Case summary

MOHAMMED YUSUF v. FAIJ MOHAMMAD & ORS.pdf

Judgment text

[2008] 17 S. C. R. 20 MOHAMMED YUSUF II. FAIJ MOHAMMAD & ORS. . (Civil Appeal No. 7209 of 2008) DECEMBER 2, 2008 8 [S. B. SINHA AND CYRJAC JOSEPH, JJ. ] CONSTITUTION OF IND/A, 1950: Articles 226 and 227 - High Court in writ jurisdiction setting aside ord,ers of trial and revisional courts whereby they had rejected defendant's application under Or. 8 r. 10 CPC for extending time to file written statement - HELQ: Jurisdiction of High Court under Articles 226 and 227 is limited - It could have set-aside the orders only on the ground of illegality, iffationality and procedural impropriety . ;.. Trial court had assigned sufficient and cogent reasons in support of its orders - High Court effed in setting aside the orders ~ without assigning any reason therefor - Judgment of High Court set aside - Code of Civil Procedure, 1908 - Or. 8, r. 10. R. N. Jadi & Brothers and Ors. Vs. Subhashchandra (2007) 6 SCC 420 and M. Srinivasa Prasad & Ors. Vs. The Comptroller & Auditor General of India & Ors.

2007 (5) SCALE 171, relied on. Kai/ash Vs. Nanhku and Ors. (2005) 4 SCC 480, referred to. Case Law Reference: (20QS) 4 sec 480 referred to para 11 2007 (5) SCALE 171 relied on para 13 (2001) s sec 420 relied on para 13 CIVIL APPELLATE JURISDICTION : Civil Appeal No.. -I 7209 of 2008. ...... From the final Judgment and Order dated 20. 9. 2007 of the High Court of Judicature at Allahabad in Writ Petition No. 45197 of 2007. R. S. Hegde, Ohandra Prakash and P. P. Singh for the Appellant. ~ M. P. Shorawala, Jyoti Saxena, Vipin K. Saxena and T. N. Saxena for the Respondents. The following Order of the Court was delivered: ORDER • Leave granted. 1. This appeal is directed against a judgment and order _.. _ dated 20. 9. 1997 passed by a learned Single Judge of the High Court of Judicature at Allahabad allowing the writ petition filed by the respondents herein questioning the validity of an order dated 29. 8. 2007 passed by the learned Additional District Judge, Mathura in Civil Revision No.

322/2005 affirming the order dated 24. 10. 2005 passed by the learned Civil Judge whereby and whereunder while rejecting the application filed by the appellant herein under Order 8 Rule 10 of the Code of Civil Procedure, a date was fixed for recording the evidence .... _ of the plaintiffs and the application filed by the respondents - {the authoritative pronouncements of this Court, we iJre of the opinion that the High Court should not have allowed the writ petition filed by the respondent, particularly, when both the learned trial judge as also the Revisional Court had assig~ed sufficient and cogent reasons in support of their orders. 16. As indicated hereinbefore, the High Court allowed the writ petition and thereby set aside the orders passed by the trial Court as also the Revisional Court without assigning any reason therefor. The jurisdiction ofthe High Court under Article 226 and 227 of the Constitution of India is limited. It could have set aside, .....

the orders passed by the learned trial Court and the Revisional ~ Court only on limited ground, namely, illegality, irrationality and procedural impropriety. The High Court did not arrive at a finding that there had been a substantial failure ofjustice or the orders passed by the trial Court as also by the Revisional. Court \ contained error apparent on the face of the record warranting interference by a superior Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India. " -f' 17. For the reasons stated above, the impugned judgment of the High Court cannot be sustained. It is set aside accordingly. The appeal' is allowed. In the facts and " . . ~ . circumstances of this case, there shall be no order as to costs. 18. In this view of the matter'the respondents would be .. y ' entitled to withdraw the sum of Rs. 10,000/- deposited by them as costs. R. P. Appeal allowed.