⚖️📘 LEGAL LEARNING | SHRI GANPATI JURISTS 📘⚖️
❗ Article 227 is not a shortcut to reject a plaint
The Supreme Court in P. Suresh v. D. Kalaivani reaffirmed an important procedural principle — when the Civil Procedure Code provides a specific remedy, supervisory jurisdiction under Article 227 cannot be invoked to bypass it.
📌 If a defendant seeks rejection of a plaint, the proper course is to move an application under Order VII Rule 11 CPC before the trial court.
🏛️ The High Court’s power under Article 227 of the Constitution is exceptional and supervisory, to be exercised sparingly, not as a substitute for statutory remedies.
⚖️ Key distinction clarified by the Court:
• Order VI Rule 16 CPC → ✂️ Striking out pleadings
• Order VII Rule 11 CPC → 📄 Rejection of plaint
📖 Procedural discipline is the foundation of effective litigation strategy.
#LegalLearning #CivilProcedureCode #Article227 #Order7Rule11 #LitigationPractice #SupremeCourtOfIndia #ProceduralLaw #Advocacy #LawyersOfIndia #PunjabLaw #ChandigarhLawyers #ChandigarhAdvocates #ChandigarhLegal #BathindaLawyers #BathindaAdvocates