Can a british citizen file revision petition u/n article 227
LAWYER ASSOCIATES
(Querist) 10 January 2020
This query is : Resolved
1. Can a british citizen file revision petition under article 227?
2. If High court does notice of motion on petition before hearing respondents, than it is highly probable that it shall allow appeal?
3. Can High Court allows amendment in plaint as plaintiff want to add additional relief in it like Mense Profit?
4.Is it not necessary to withdraw petition and than refile it with better facts or amendment in plaint can be made?
Raj Kumar Makkad
(Expert) 10 January 2020
How are you concerned with this otherwise academic discussion?
Dr J C Vashista
(Expert) 11 January 2020
1. What is your locus standi /concern to the questions??
2. Why a British citizen debarred to move to a High Court u/a 227 of the Constitution of India, if any grievance persist?
3. I fully agree with expert Mr. Raj Kumar Makkad, prima facie it is a topic for academic debate, which is not responded on this platform
LAWYER ASSOCIATES
(Querist) 11 January 2020
1. I am defendant
2. It is because article 227 is for Indian citizens only.
3. It is practicle case going on, It may appear to your good self as academic debate, but it is a practical case, and as you know law, you should reply to it.
LAWYER ASSOCIATES
(Querist) 11 January 2020
If it is academic than it is more easy for your good self to reply.
K Rajasekharan
(Expert) 11 January 2020
It is true that Indian citizens have some special rights, which non-citizens don’t have, under the Indian constitution.
But the same Constitution says in its Article 14 that the State cannot deny to any person, including citizens and non-citizens, equality and equal protection before the law within the Indian Territory. So a British Citizen can definitely file a petition under Article 227 in a High Court in regard to a subordinate court order, if it is in regard to a ‘fact in issue’ occurred in Indian territory.
Filing a petition under Article 227, unlike a writ under A 226, means you are just triggering the High Court to exercise a power it inherently has. It is a discretionary right of the court rather than yours. You are only a means to spark off the power of the court. It is for the court to decide whether to act or not to act. It can decide either with enough freedom.
In appeal you have a statutory right and you are exercising that right. But here in 227 you don’t have such a right. You have only a procedural means. The High Court has even the ‘suo moto’ power to act under A 227 on a subordinate court order, as well. In 227 the court will interfere only when there is patent or visible injustice but not otherwise.
K Rajasekharan
(Expert) 11 January 2020
It is true that Indian citizens have some special rights, which non-citizens don’t have, under the Indian constitution.
But the same Constitution says in its Article 14 that the State cannot deny to any person, including citizens and non-citizens, equality and equal protection before the law within the Indian Territory. So a British Citizen can definitely file a petition under Article 227 in a High Court in regard to a subordinate court order, if it is in regard to a ‘fact in issue’ occurred in Indian territory.
Filing a petition under Article 227, unlike a writ under A 226, means you are just triggering the High Court to exercise a power it inherently has. It is a discretionary right of the court rather than yours. You are only a means to spark off the power of the court. It is for the court to decide whether to act or not to act. It can decide either with enough freedom.
In appeal you have a statutory right and you are exercising that right. But here in 227 you don’t have such a right. You have only a procedural means. The High Court has even the ‘suo moto’ power to act under A 227 on a subordinate court order, as well. In 227 the court will interfere only when there is patent or visible injustice but not otherwise.
KISHAN DUTT KALASKAR
(Expert) 15 January 2020
Dear Sir,
It all depends upon the background of the case normally except Indian Citizens others cannot exercise constitutional rights by filing Writ Petitions.
T. Kalaiselvan, Advocate
(Expert) 16 January 2020
As opined by many experts on this it is the discretionary inherent powers of the court to invoke the article 227, however a writ can be filed even by foreign citizen on the issues whose cause of action arose in India.
It is admitted that the powers conferred on the High Court under Art. 227 of the Constitution cannot in any way be curtailed by the provisions of the Criminal Procedure Code.
In a similar case decided by Himachal pradesh high court in Sarwan singh and others vs. mohar singh decided on 5.11.2018 agaisnt the civil revision petition 168/2016, it was held as follopws:
Under Section 100, CPC, a second appeal lies to the High Court only on a substantial question of law. Section 102, Code of Civil Procedure specifically provides that no second appeal is maintainable in a suit, value whereof is less than Rs.25,000/-. The provisions of Section .
100 and 102, Code of Civil Procedure cannot be circumvented by filing a petition under Article 227 of the Constitution of India. An appeal is the creation of a statute and the legislature in its wisdom has decided that a second appeal will not lie in a suit valuation of which is less than 25,000/- There is no occasion to entertain a CMPMO unless it is shown that there is some illegality involved or there is some perversity in the finding of the learned Trial Court. In the present case, I have gone through the judgments of both the Courts below. I find that both the judgments are based on appreciation of evidence and, therefore do not call for any interference in this petition.
Therefore there is no bar to entertain a foreign citizen to invoke article 227 of the constitution.
The other issues queried here may be decided by high court on merits of the case.
