SC:HC can’t interfere w/ executing court’s order only because of a diff. view

The Hon’ble Supreme Court, on 22nd January 2020, in the matter of Varadarajan v. Kanakavalli & Ors. pronounced that the mere fact that the High Court has a different view on the same facts would not confer jurisdiction to interfere with an order passed by the Executing Court.

The Hon’ble Supreme Court observed that:

Order XXII of the Code of Civil Procedure 1908, is applicable to the pending proceedings in a suit. But the conflicting claims of legal representatives can be decided in execution proceedings in view of the principles of Rule 5 of Order XXII.  (Para 8)

In exercise of revision jurisdiction by the High Court, an order passed by a subordinate court can be interfered with only if it exercises its jurisdiction, not vested in it by law or has failed to exercise its jurisdiction so vested or has acted in exercise of jurisdiction illegally or with material irregularity. (This inference has been drawn on the basis of Para 15)

The mere fact that the High Court has a different view on the same facts would not confer jurisdiction to interfere with an order passed by the Executing Court. (Para 15)

Copy of judgement: Judgement_22-Jan-2020

-Adv. Tushar Kaushik

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