High court order set aside as alternative legal remedies exist

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Madras High Court order set aside
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In a recent case, the Supreme Court was hearing a special leave petition against the order of the Madras High Court passed under the provisions of article 227 of the Constitution of India.

In the case, Virudhunagar Hindu Nadargal Dharma Paribalana Sabai & Ors v Tuticorin Educational Society & Ors, the plaintiff had filed a suit before the trial court for declaration and permanent injunction. In the suit, an interim application was filed for temporary injunction against the defendants, which the trial court passed after considering the material on record.

Being aggrieved by the order of the trial court, the defendant filed a revision application, under the provisions of article 227 of the Constitution of India, before the Madras High Court. Article 227 states that high courts will hold precedence over other courts and tribunals within its jurisdiction. On these grounds, the high court allowed the revision application, thereby reversing the temporary injunction order of the trial court. This was done despite an objection being taken by the original plaintiff before the high court as to the maintainability of the revision application, in light of the statutory remedy available to the defendant under the provisions of section 104(1)(i) r/w order 43, rule (1)(r) of the Code of Civil Procedure (1908).

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The dispute digest is compiled by Numen Law Offices, a multi-disciplinary law firm based in New Delhi and Mumbai. The authors can be contacted at support@numenlaw.com. Readers should not act on the basis of this information without seeking professional legal advice.

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