Article 227 Cannot Be Used to Strike Off Plaint When CPC Remedy Exists – SC Restores Suit

Advertisement 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 injunct...