J&K High Court of Jammu & Kashmir and Ladakh Sets Aside ‘Manifestly Unjust’ Order, Stresses Code of Civil Procedure ‘Not a Penal Law to Punish’”

In a recent judgement, the High Court of Jammu & Kashmir and Ladakh has set aside an order from the Court of Special Mobile Magistrate, Anantnag, terming it ‘manifestly unjust.’ The petitioner, Mst. Raja, had invoked Article 227 of the Constitution, seeking to quash the original order dated 11.12.2015 related to a property dispute and alleged fraudulent compromise decree.

The High Court’s judgement, delivered by Hon’ble Mr. Justice Javed Iqbal Wani, emphasized that the Code of Civil Procedure (CPC) exists to “facilitate justice” and is not a “penal law to punish a person.” Justice Wani stated, “It is settled law that provisions of Code of Civil Procedure are designated to facilitate justice… The Scheme of the code in essence is complete adjudication of the dispute between the parties and to do the full justice to the case.”

The case involved a long-standing property dispute, where Mst. Raja claimed she was deprived of her share in her father’s estate due to a fraudulent compromise decree. After several legal battles in lower courts, the High Court observed that the trial court’s dismissal of her application was “manifestly causing failure of justice,” thereby warranting the exercise of “Supervisory Jurisdiction vested in this Court under Article 227 of the Constitution.”

The matter has been remanded back to the trial court for reconsideration in light of the High Court’s observations.

Date of Decision:  25.08.2023

Mst. Raja vs Mst. Fazi and Ors.