food and nutrition

Lower CRP

Question: Can high court stay the lower court interim order in CRP ? Dear Sirs Lower court gives an interim order by appointing advocate commissioner. But the defendents go on a CRP and stay the lower court interim order. I read up one article in helplinelaw site that in a criminal case the high court cannot excercise this revision on an interim order of the lower court. Can you please tell me if same applicable in civil also that if advocate commissioner has appointed as an interim order, can a high court stay that interim order?? I clearly read and understood as that high court can only excercise this REVISION POWERS only on final judgements of the suit. pls help me. (Only as applicable to Indian legal system) Unfortunately crp filed under art 227. What I am dismayed is that hard fought appointment of adv comsnr from the lower court was stayed in a jiffy and with a meager rs. 200/- court fee and without hearing ourside. I got ur point that our counsel shud hv filed counter when notice rcvd instead of asking for time to file counter. On staying the order, adv comsnr is gone n now they hv suspended the treasurer so that they can draw monies as they please, declared AGM n election on 26th oct. Thanks to Yahoo QNA and Mr. Vijay it has been a blessing and a moral booster to fight on for rights. Hearing is on 20th oct and so would appreciate case laws links so that can read up reg judgmnts where adv comsnr is appointed in members dispute, vertical split and irregularities. Pls help.

Answer: Captain here again you missed very important point to disclose if the other party filled a civil revision petition in the Chennai High Court under section 115 of the Civil Procedure Code or under Article 227 of the Constitution of India. In the former case their CRP is not at all maintainable because of the Amendment by Act No.46 of 1999 with effect from 1.7.2002 in Section 115 C.P.C according to which ‘Interlocutory orders’, passed by the Courts subordinate to the High Court, against which remedy of revision has been excluded by the C.P.C. Amendment Act No.46 of 1999 nevertheless these are open to challenge in, and continue to be subject to certiorari and supervisory jurisdiction of the High Court under Article 226 & 227 of the Constitution of India respectively. As held by the Supreme Court of Indian in Surya Dev Rai vs. - Ram Chander Rai and others reported in A.I.R. 2003 Supreme Court 3044:- "The curtailment of revisional jurisdiction of the High Court does not take away and could not have taken away the constitutional jurisdiction of the High Court to issue a writ of certiorari to a Civil Court nor the power of superintendence conferred on the High Court under Article 227 of the Constitution is taken away or whittled down. The power exists, untrammeled by the amendment in Section 115 of the C.P.C. and is available to be exercised subject to rules of self-discipline and practice which are well settled." Considering this well settled Principle of law if the other party has taken the path as shown in this case to file Civil Revision under Article 227 of the Constitution of India then that will be maintainable & heard by the High Court, as also order relating to interim stay of further proceedings in the case is also maintainable in law.

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