Can HCs Declare Suits To Be Barred While Exercising Jurisdiction Under Article 227? Supreme Court To Consider

The Supreme Court is set to consider the issue of whether High Courts under the supervisory jurisdiction under Article 227 of the Constitution can declare a suit filed in trial court as barred, akin to the power under Order 7 Rule 11 of CPC. 

The bench of Justice PS Narasimha and Justice Manoj Mishra was hearing the challenge to the Madras High Court order which has set aside a suit for title declaration and permanent injunction while exercising powers under Article 227 of the Constitution. 

Article 227 gives the High Court power of superintendence over all courts under its territorial jurisdiction. 

Before the High Court, the defendants in the property suit had filed revision petitions seeking to strike off the original plaint on the ground that the suit was barred under the provisions of the Prohibition of Benami Property Transactions Act, 1988. 

The Plaintiffs have filed the suit in the trial court seeking for title declaration of three family properties and permanent injunction against the defendants. The High Court, while referring to the plaint averments declared the suit to be barred.

The bench noted that the High Court under its revisional supervisory jurisdiction under Article 227 held that the original suit filed before the Trial Court has been barred. The bench observed that the High Court under its ambit of Article 227 has essentially exercised the powers under Order 7 Rule 11 of the CPC. 

As per Order 7 Rule 11 CPC lays down the grounds for rejecting a plaint. Rule 11(d) states that the plaint shall be rejected where the suit appears to be barred by any law. 

Considering the same, the bench requested Sr Advocate V Prabhakar to assist the Court in examining if such a course of law is permissible. The following order was passed by the Court : 

"To consider whether such a course is available in law, we request Mr. V. Prabhakar, learned Sr. Advocate to assist the court on this point."

The matter will be heard on March 24. 

Case details: K. VALARMATHI & ORS. v. KUMARESAN | Special Leave to Appeal (C) No(s). 21466/2024

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