VidhiSangh

Supreme Court of India · 29/04/2025

K. VALARMATHI & ORS. versus KUMARESAN

[2025] 4 S.C.R. 2461 · 2025 INSC 606

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The High Court cannot, in exercise of its supervisory jurisdiction under Article 227 of the Constitution, itself reject a plaint. Rejection of a plaint is governed by Order VII Rule 11 of the Code of Civil Procedure before the trial court and is a deemed decree appealable under Section 96; by entertaining a prayer for rejection under Article 227 the High Court usurped the trial court's original jurisdiction and deprived the plaintiffs of their right of appeal. The order rejecting the plaint as barred by the Benami Act was set aside without any opinion on the merits.

Issues

  1. Whether the High Court, in exercise of its supervisory jurisdiction under Article 227 of the Constitution, can reject a plaint.
  2. Whether the statutory scheme of Order VII Rule 11 and Section 96 of the Code of Civil Procedure, 1908 can be bypassed by invoking Article 227 to seek rejection of a plaint.

Provisions considered

Held

Result

Appeal allowed; impugned judgment of the High Court dated 11.07.2024 rejecting the plaint set aside. No opinion expressed on the merits of the respondent's plea for rejection of the plaint; liberty to seek that relief before the trial court in accordance with law.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 2461.