passed
without jurisdiction.
4.12. Reference was lastly made to Surya Dev Rai v. Ram
Chander Rai , AIR 2003 SC 3044, in support of the
contention ... placed next where following inter alia
Surya Dev Rai (supra), the points of distinction between
Articles 226 and 227 were noticed and certain principles
were
petitioners, on the Supreme
Court's decision in Surya Dev Rai v. Ram
4
Chander Rai , AIR 2003 SC 3044, for the
proposition that ... reading of the several judgments cited by Mr.
Dhar except Surya Dev Rai (supra) does not impel
me to hold that judicial orders passed
Insurance Co. Ltd. [(2003) 3 SCC 524 :
2003 SCC (Cri) 762] , Surya Dev Rai v. Ram Chander Rai ... Surya Dev
Rai v. Ram Chander Rai [Surya Dev Rai v. Ram Chander Rai, (2003) 6
SCC 675] and SBI v. Allied Chemical Laboratories
Insurance Co. Ltd. [(2003) 3 SCC 524 :
2003 SCC (Cri) 762] , Surya Dev Rai v. Ram Chander Rai ... Surya Dev
Rai v. Ram Chander Rai [Surya Dev Rai v. Ram Chander Rai, (2003) 6
SCC 675] and SBI v. Allied Chemical Laboratories
submission
made on behalf of the respondent that the view
in Surya Dev Rai stands approved by larger
Benches in Shail, Mahendra Saree Emporium ... this Bench. In Shail , though reference has
been made to Surya Dev Rai, the same is only for
the purpose of scope of power under
submission
made on behalf of the respondent that the view
in Surya Dev Rai stands approved by larger
Benches in Shail, Mahendra Saree Emporium ... this Bench. In Shail , though reference has
been made to Surya Dev Rai, the same is only for
the purpose of scope of power under
rather recent decision of the Supreme Court in Surya Dev Rai v. Ram
Chander Rai , a two-Judge Bench of this Court discussed the principles ... interference by the High Court under Article 227. Of course in Surya Dev Rai this
Court held that a writ of certiorari is maintainable against
noted there that the Supreme Court in its decision
reported in Surya Dev Rai (supra) had interfered in exercise of writ
jurisdiction with an order ... decision in Radhey
Shyam (supra) disagreed with the view expressed in Surya Dev
Rai (supra), whereupon a reference to a larger bench was made
paras 26 and 27
quoted above.
26. The Bench in Surya Dev Rai [Surya Dev Rai v. Ram
Chander Rai , (2003) 6 SCC 675] also ... justified on an erroneous appreciation of the ratio
in Surya Dev [Surya Dev Rai v. Ram Chander Rai , (2003) 6
SCC 675] and in view
Articles 226 and 227 are well known and pointed out in Surya Dev Rai
and with that we have no disagreement. But we are unable ... agree
with the legal proposition laid down in Surya Dev Rai that judicial
orders passed by a civil court can be examined and then
corrected
