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Report No. 58

The wide scope of Article 136

3.43. The plenary nature of the jurisdiction1 under Article 136 is well recognised. The language of the Article is very wide. The width of the jurisdiction is brought out by several words used in the Article. The appeal could be against the decision of any court or tribunal. It could be in respect of any species of judicial determination, i.e., against a judgment, decree, determination, sentence, or order. And the order sought to be appealed from could be in any cause or matter. Nevertheless, the possibility that undue advantage may be sought to be taken by litigants of this extensive and all-embracing jurisdiction could not be ruled out; litigants may attempt to circumvent the restrictions under Articles 133 and 134 by resorting to Article 136. In this background, it appeared to us appropriate to elicit opinion as to whether the scope of Article 136 should be restricted from the point of view mentioned above.

1. Para. 3.42, supra.

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