HONOURABLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION NO. 1847 OF 2010 ORAL ORDER : The order under revision is the order passed by the Principal Junior Civil Judge, Srikakulam in I.A.No. 897/2008 in O.S.No. 763/2006 dated 13.11.2009. I.A.No. 897 of 2008 was filed, under Order XXII Rule 3 CPC r/w Rule 28 of the Civil Rules of Practise, to implead the petitioners in the I.A as the legal representatives of the deceased plaintiff. The Court below, on the ground that the injunction sought in the suit is in the nature of a personal relief which could only be claimed by the plaintiff and not by his legal representatives, dismissed the I.A. The petition filed before the Court below is merely a petition to bring the legal representatives of the deceased plaintiff on record. At the stage of entertaining such an application it was wholly unnecessary for the court below to examine whether the petitioners herein were or were not entitled to the relief sought for. It is only after they are brought on record would the court below be justified in examining this question. Sri K.S. Gopala Krishnan, learned counsel for the respondent, would however contend that, since the suit itself was dismissed consequent upon the order rejecting the I.A., the remedy available to the petitioner is only by way of an appeal, and not by way of a revision petition under Article 227 of the Constitution of India. The jurisdiction which this Court exercises under Article 227 of the Constitution of India has been held, in L.CHANDRA KUMAR VS. UNION OF INDIA[1], to be a part of the basic structure of the Constitution. Exercise of jurisdiction under Article 227 of the Constitution of India cannot be curtailed or circumscribed by a Statute, including the remedy of a statutory appeal. If this Court were to be satisfied that manifest injustice has ensued as a result of the order passed by the Court below, the mere fact that the petitioner has a remedy of appeal could not disable it from exercising its jurisdiction. I am satisfied that the present case is one such where the petitioners have suffered manifest injustice. I see no reason, therefore, to now relegate the petitioners to the remedy of an appeal. The order under revision is set aside, I.A.No. 897 of 2008 is allowed, and the Suit is restored to file. The petitioners herein shall be brought on record as plaintiffs 2 to 4 in O.S.No. 763 of 2006. The Court below shall proceed and adjudicate the Suit in accordance with law. It is made clear that the questions regarding whether or not the petitioners are entitled to the relief for injunction and whether this relief in the nature of personal relief, can be granted is left open to be examined by the Court below during the course of hearing of the Suit. The Civil Revision Petition is, accordingly, allowed. _____________________________ RAMESH RANGANATHAN, J Date : 09.09.2010 KA [1] AIR 1997 SC 1125