Hello friends, Today we are going to talk about an important legal issue, which is very important not only for law students and lawyers but also for the general public. The question is whether the High Court can dismiss a case using its supervisory powers, as per Order 7 Rule 11 of the Code of Civil Procedure (CPC). The Supreme Court is considering this and its decision may clarify a lot in the coming days. Let us understand this whole matter in detail.

What is the case?

The Madras High Court recently dismissed a case related to a property dispute, saying that it is prohibited under the Benami Property Transactions (Prohibition) Act, 1988. The question was raised whether the High Court has the right to do so under Article 227? The case related to this “K. Valarmathi & Ors. v. Kumaresan” is currently in the Supreme Court. In this case, the petitioners had filed a suit in the trial court, claiming ownership of three family properties and seeking a permanent injunction against the respondents. However, the respondents filed a revision petition in the High Court seeking dismissal of the suit.

Article 227 and Order 7 Rule 11

Article 227 of the Indian Constitution gives the High Court the right to supervise all courts under its jurisdiction. But the question arises whether the High Court can dismiss a suit using this power? At the same time, Order 7 Rule 11 of the Code of Civil Procedure (CPC) makes it clear that if a suit appears to be prohibited under any law, it can be dismissed.

What did the Supreme Court say?

The Supreme Court bench, consisting of Justice P.S. Narasimha and Justice Manoj Mishra, is hearing the case. The court has appointed senior advocate V. Prabhakar to assist the court in resolving this constitutional question. The court said that the High Court, using revisional power under Article 227, gave such an order, which was directly similar to the rights of Order 7 Rule 11 CPC. Now the Supreme Court will consider whether the High Court has this right or not.

What will be the effect of this decision?

If the Supreme Court decides that the High Court can dismiss a case under Article 227, then it will become a big legal precedent. This can give the High Court the right to interfere more in the cases of the trial court. At the same time, if the Supreme Court says that doing so is beyond the jurisdiction of the High Court, then it will further strengthen the independence of the lower courts.

What will happen next?

The hearing of this case will be held on March 24 and only after that a concrete decision will be taken on it. Till then we will have to wait to see what decision the Supreme Court takes on this constitutional issue.

Disclaimer: This article has been written for general information purposes only. It is not a substitute for any legal advice. If you need any legal assistance on this matter please consult a qualified lawyer.

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