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Report No. 79

Chapter 16

Extraordinary Original Civil Jurisdiction of High Courts: Writs

I. General

16.1. ExtrAordinary original civil jurisdiction.-

Besides ordinary original civil jurisdiction,1 High Courts have extraordinary original civil jurisdiction, derived from a number of sources. These source include the Constitution2 the Code of Civil Procedure, 19083 the Letters Patent,4 and other laws or instruments having the force of law.5

1. Chapter 15, supra.

2. Articles 226-227, of the Constitution.

3. (a) Section 24(1)(b)(ii), Code of Civil Procedure, 1908; (b) Section 25, Code of Civil Procedure, 1908.

4. E.g. Letters Patent, clause 9 (Allahabad), clause 13 (Calcutta) and on.

5. See Chapter 2, supra.

16.2. Occasions for the exercise of extraordinary original civil jurisdiction.-

Occasions for the exercise of such jurisdiction1 may arise when a suit or proceeding is withdrawn by the High Court for trial before itself, under the Code of Civil Procedure, 1908, or when the suit or proceeding is transferred by the Supreme Court from another court to the High Court under that Code2 By the Letters Paten3 also, certain High Courts in exercise of their extraordinary original civil jurisdiction, are empowered to remove any civil case from a court subordinate to them and cause it to be tried and determined by themselves.

1. See para. 16.1, supra.

2. Section 25(1), Code of Civil Procedure, 1908.

3. Para. 16.1, supra.

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