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ARUN KUMAR JHA
Shivadhar Singh – Appellant
Versus
Kedar Nath Singh – Respondent
Arun Kumar Jha, J.—Heard learned counsel for the petitioner as well as learned counsel for respondents on the point of admission and I intend to dispose of the present petition at the stage of admission itself.
2. The instant petition has been filed by the petitioner under Article 227 of the Constitution of India for quashing the order dated 26.06.2018 passed by the learned Sub-Judge, Arwal in Title Suit No. 10 of 2016 whereby and whereunder while considering the application dated 28.02.2018 filed by the plaintiff/petitioner for marking exhibits three documents, the learned trial court dismissed the suit of the plaintiff holding it to be barred under law.
3. Learned counsel for the petitioner submits that the petitioner is the plaintiff before the learned trial court and has filed Title Suit No. 10 of 2016 for declaration of title of the plaintiff over schedule-1 property as well as for declaration that sale deed dated 31.08.2010 executed by defendant Bipin Kumar in favour of defendant no.1/respondent no.1 Kedar Singh with respect to Schedule-2 property is a void document. Further the plaintiff has sought relief for grant of injunction in his favour for restraining the defendants per
High Court's jurisdiction under Article 227 is to ensure subordinate courts act within their authority; amendments to pleadings must be sought in good faith and with due diligence.
Civil Law – Claim of title of property – High Court’s jurisdiction is to be exercised only to set right grave dereliction of duty or flagrant abuse and violation of fundamental principles of law or j....
The principle that a prior sale takes precedence over a subsequent sale is affirmed, emphasizing the High Court's limited scope of interference under Article 227.
A Title Suit filed without jurisdiction cannot lead to valid execution; the doctrine of lis pendens binds subsequent purchasers to existing litigation outcomes.
(1) High Court has to exercise its supervisory powers sparingly and in appropriate cases to keep subordinate Courts in their authority. (2) Where a suit is based on documents, furnishing of copy of d....
Revision under Art.227 allows interference only in cases of jurisdictional errors or patent perversities, which were not found here.
The limited scope of High Court's jurisdiction under Article 227 and the application of the theory of lis pendens in impleading parties in civil suits.
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