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The Supreme Court, through its judgement dated 24.04.2026 in the matter of Vinay Raghunath Deshmukh v Natwarlal Shamji Gada and Another1 reiterated that it is not open for high courts to examine the merits of the plea while deciding a writ petition filed under Article 227 of the Constitution of India, 1950 (“Constitution”).
The court observed that the High Court erred in holding that the appellate bench of the small causes court committed an error while exercising jurisdiction under Order XLI Rule 25 of the CPC in referring the issue of bona fide requirement to trial court.
The court observed that instead of restricting its jurisdiction under Article 227 of the Constitution, the High Court erred in exercising its supervisory jurisdiction to act as appellate court to re-assess the subordinate court’s order on merits.
The court reiterated that the power of a high court under Article 227 of the Constitution is confined only to see whether an inferior court or tribunal has proceeded within the parameters of its jurisdiction and the high court does not act as an appellate court or tribunal which can review or reassess the evidence upon which the inferior court or tribunal has passed an order.
Footnote
1. 2026 INSC 416.
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