Surya Dev Rai vs Ram Chander Rai & Ors on 7 August, 2003
Equivalent citations: AIR 2003 SUPREME COURT ... Lahoti , Ashok Bhan
CASE NO.:
Appeal (civil) 6110 of 2003
PETITIONER:
Surya Dev Rai
RESPONDENT:
Ram Chander Rai & Ors.
DATE OF JUDGMENT
correctness of the law laid down by this
Court in Surya Dev Rai vs. Ram Chander Rai and others [1] that an order of
civil ... disagreement with
the view which has been expressed in Surya Dev Rai insofar as correction of
or any interference with judicial orders of civil court
appropriate situations."
1. It is only in the case of Surya Dev Rai Vs.
Ram Chander Rai and others ... Before coming to the aforesaid conclusion, the
learned judges in Surya Dev Rai (supra) noticed the
contrary view expressed in a Nine-Judge Constitution
Bench
issue
arose with regard to the correctness of the decision in Surya Dev Rai v.
Ram Chander Rai [16] before the three-Judge Bench ... inferior courts of civil jurisdiction.” It adverted to the
authority in Surya Dev Rai (supra) copiously and weighed it in the backdrop
of other authorities
judgment in Surya Dev Rai v. Ram Chander Rai &
Ors.15 to be not good law. In Surya Dev Rai, it was held that ... distinct from
jurisdiction under Article 226.
29.3. Contrary view in Surya Dev Rai [Surya Dev Rai v. Ram
Chander Rai
judicial experience and practical wisdom
of the judge.”, as highlighted in Surya Dev Rai v Ram
Chander Rai , (2003) 6 SCC 675. This guiding principle ... Chhabi Nath , (2015) 5 SCC 423 had only
20
partly overruled Surya Dev Rai (supra) in terms
below:
“29.1. Judicial orders of the civil court
Division Bench expressing
its doubt about the ratio laid down in Surya Dev Rai v. Ram Chander Rai and
others [23] that judicial orders passed ... After so stating, the three-Judge Bench referred to Surya Dev Rai
(supra), the analysis made by the two-Judge Bench and ultimately came
rather recent decision of the Supreme Court
in case of Surya Dev Rai vs. Ram Chander Rai and
others , reported ... interference by High Court under
Article 227. Of course in Surya Dev Rai (supra)
3
this Court held that a writ of Certiorari is
maintainable
observations made by this Court in the case of Surya Dev Rai
Vs. Ramchander Rai and others ( 2003) 6 SCC 675, Ranjeet Singh Vs.
Ravi
this Court, while overruling the decision in Surya
Dev Rai v. Ram Chander Rai [Surya Dev Rai v. Ram Chander
Rai
