Case Law Details
Case Name : P. Suresh Vs D. Kalaivani & Ors. (Supreme Court of India)
Related Assessment Year :
Courts :
Supreme Court of India
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P. Suresh Vs D. Kalaivani & Ors. (Supreme Court of India)
Article 227 Cannot Be Used to Strike Off Plaint When CPC Remedy Exists — SC Restores Suit
The Supreme Court of India has emphatically held that High Courts cannot invoke supervisory jurisdiction under Article 227 of the Constitution to strike off or reject a plaint when a specific statutory remedy under the Code of Civil Procedure, 1908 is available, particularly Order VII Rule 11 CPC.
In the present case, the Madras High Court, exercising powers u/Art.227, had struck off the plaint in a suit for permanent injunction on the ground...
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