Case Title: Kailash Sewani V. Manish Kumar Chaudhary

The Delhi High Court has noted that litigants cannot be careless in pursuing the procedures before the Court below and claim protection from the High Court under Article 227 of the Indian Constitution.

Justice C. Hari Shankar stated that it is not anticipated that a party will exploit the authority granted to the High Court by Article 227 as a way "to tide over the carelessness displayed by it before the Court below."

The Court said, "Nor is Article 227 in the character of mercy jurisdiction."

The Court made the comment in a plea that was brought up in opposition to an order imposed on July 11, 2022, in a civil case where the petitioner was a defendant. The petitioner's request to have the written statement provided was denied by the Civil Judge through the contested ruling.

Following the trial court's approval of the petitioner's request for permission to defend the lawsuit, 30 days were given as the first window of opportunity to submit a written statement. The Civil Judge closed the opportunity to provide a written statement and proceeded ex parte against the petitioner because no written statement was submitted until the following hearing date. The earlier order was recalled and the petitioner was given another opportunity to submit a written statement after the petitioner's application under Order IX Rule 7 of the CPC was approved on April 29, 2022. But no written declaration was submitted until July 11th, 2022.

The petitioner's sole argument before the Civil Judge was that he was unaware of the prior ruling. The petitioner's request to have the written statement entered into the record was denied by the Civil Judge because, in his opinion, the petitioner cannot claim ignorance of the ruling.

The High Court stated that it is not possible for the High Court to interfere with the contested order made by the Civil Judge while acting in the course of its supervisory jurisdiction.

"The jurisdiction vested in this Court by Article 227 of the Constitution of India is not expected to be used as an avenue for a party to tide over the negligence exhibited by it before the Court below. Nor is Article 227 in the nature of mercy jurisdiction. Litigants cannot be casual about prosecuting the proceedings before the Court below and expect sanctuary from the High Court under Article 227," the Court observed.