Civil courts not amenable to writ jurisdiction u/A 226: SC

The Supreme Court of India recently held that the judicial orders of the civil courts are not amenable to a writ of certiorari under Article 226 of the Indian Constitution.

“Control of working of subordinate courts in dealing with their judicial orders is exercised by way of appellate or revisional powers or power of superintendence under Article 227. Orders of civil court stand on different footing from the orders of authorities or Tribunals or courts other than judicial/civil courts. While appellate or revisional jurisdiction is regulated by statutes, power of superintendence under Article 227 is constitutional”, a Large Bench of the Court observed.

The Court also agreed that that a writ of mandamus does not lie against a private person not discharging any public duty. Scope of Article 227 is different from Article 226.

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