Surya Dev Rai vs Ram Chander Rai & Ors on 7 August, 2003
66. We may also observe that in some
High Courts there is a tendency of
entertaining petitions under Article 227 of
the Constitution by terming them as writ
petitions. This is sought to be justified on
an erroneous appreciation of the ratio in
Surya Dev [Surya Dev Rai v. Ram
Chander Rai, (2003) 6 SCC 675] and in
Patna High Court CWJC No.7762 of 2014 dt.25-11-2024
7/11
view of the recent amendment to Section
115 of the Civil Procedure Code by the
Civil Procedure Code (Amendment) Act,
1999. It is urged that as a result of the
amendment, scope of Section 115 CPC
has been curtailed. In our view, even if
the scope of Section 115 CPC is curtailed
that has not resulted in expanding the
High Court's power of superintendence. It
is too well known to be reiterated that in
exercising its jurisdiction, High Court
must follow the regime of law.