Wednesday, September 13, 2017

Jacky v. Tiny @ Antony & Ors. [Civil Appeal No. 4453 of
2014], - issue-  whether the High Court while exercising its power under Articles 226
and 227 of the Constitution is competent to set aside the plaint in the suit. It was held “if a
suit is not maintainable it was well within the jurisdiction of the High Court to decide the same
in appropriate proceedings but in no case power under Articles 226 and 227 of Constitution
can be exercised to question a plaint.”

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