Nature of grievance

Where any party to the litigation had played deception upon the Court, wherein he had brazenly misled the Hon’ble Court as to material facts of the case, by agitating incorrect / false facts or by suppressing material facts; and obtained Order of the Hon’ble Court;

Writ jurisdiction under Article 226 of the Constitution, including powers of superintendence of High Courts recognized under Article 227 of the Constitution, may be invoked in such cases.

There had always been confusion amongst the lawyers as whilst challenging the Orders passed by Civil Courts, Criminal Courts, Tribunals and quasi Judicial bodies, whether Writ jurisdiction is to be invoked under Article 226 or Supervisory jurisdiction of High Court under Article 227 is to be invoked. The judgment of Apex court in the case of Radhey Shyam Versus Chhabi Nath [2015] appears to have settled this controversy. The essence of the judgment is, all Orders passed by Civil and Criminal Courts may only be challenged under Art.227 of the Constitution and not under Article 226. And, all Orders passed by Tribunals or by any other Quasi judicial bodies may be challenged under Article 226, or preferably may be under Revisional Jurisdiction of High Courts under Section 115 of CPC, 1908