Article 227 Not Mercy Jurisdiction, Litigants Casually Prosecuting Proceedings Before Lower Courts Can't Expect Sanctuary From High Court: Delhi HC

Litigants cannot be casual about prosecuting the proceedings before the Court below and expect sanctuary from the High Court under Article 227, the Delhi High Court has observed.

Justice C Hari Shankar added that the jurisdiction vested in High Court by Article 227 is not expected to be used as an avenue for a party "to tide over the negligence exhibited by it before the Court below."

"Nor is Article 227 in the nature of mercy jurisdiction," the Court added.

The Court made the observation in a plea filed challenging an order dated 11th July 2022 passed in a civil suit wherein the petitioner was the defendant in. By the impugned order, the Civil Judge had rejected the petitioner's request to have the written statement taken on record.

Trial Court had granted 30 days time as the first opportunity to file written statement, consequent to the petitioner's application for leave to defend the suit being allowed. Since no written statement was filed till the next date of hearing, the Civil Judge closed the right to file written statement and proceeded ex parte against the petitioner.

Thereafter, on 29th April 2022, the petitioner's application under Order IX Rule 7 of the CPC was allowed and the previous order was recalled and another opportunity was given to the petitioner for filing written statement. However, no written statement was filed till 11th July 2022.

The only submission of the petitioner before the Civil Judge was that he was not aware of the order previous order. The Civil Judge was of the view that the petitioner cannot claim ignorance of the order passed and thus rejected the petitioner's prayer to take the written statement on record.

The High Court observed that there can be no question of the High Court, in exercise of its supervisory jurisdiction, interfering with the impugned order passed by the Civil Judge.

"The jurisdiction vested in this Court by Article 227 of the Constitution of India is not expected to be used as an avenue for a party to tide over the negligence exhibited by it before the Court below. Nor is Article 227 in the nature of mercy jurisdiction. Litigants cannot be casual about prosecuting the proceedings before the Court below and expect sanctuary from the High Court under Article 227," the Court observed.

The plea was accordingly dismissed.

Case Title: KAILASH SEWANI v. MANISH KUMAR CHAUDHARY

Citation: 2022 LiveLaw (Del) 795

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