The Jurisdiction of High Court Explained

The Jurisdiction of High Court Explained 

In a recent decision, important issues concerning A.226 were explained.

It was held in RAIN CII CARBON VIZAG LTD & ANR. v UOI [2025] GCtR 630 (Delhi) that the provisions of clause (2) of Article 226 of the Constitution of India appear to have been engrafted in a language similar or akin to sub section (c) of section 20 of the Code of Civil Procedure, 1908. 

The framers were acutely aware that apart from the territorial jurisdiction conferred upon a competent Civil Court exercising its powers in accordance with sub section (a) and (b) of section 20 of Code, 1908, it would be necessary to confer jurisdiction to such other places where a “cause of action” “wholly or in part” has arisen. The words, “cause of action”, for the purpose of clause (2) of Article 226 of the Constitution of India, for all intent and purport, may be ascribed similar meaning and effect as envisaged under sub section (c) of section 20 of the Code, 1908

The phraseology used in sub section (c) of section 20 of the Code, 1908 and clause (2) of Article 226 of the Constitution of India, being pari materia, the import and purport of sub section (c) of section 20 of the Code, 1908 may be made applicable to the writ proceedings also.What constitutes a “cause of action” and whether it has arisen “wholly or in part” therefore, has to be necessarily examined by the Court where such an issue emerges after evaluating the necessary and relevant facts arising therein.