DEVASHIS BARUAH
Professional Sales Representative Union Duly Represented By Sri Ranjan Sen – Appellant
Versus
Bibupada Gupta And Ors, S/O Late Biswajit Gupta – Respondent
JUDGMENT :
Heard Mr. D Chakrabarty, learned counsel appearing for the petitioner. Also heard Mr. D Mazumder, learned senior counsel for the respondent.
2. This application under Section 115 of the CPC is filed challenging the judgment and decree dated 25.01.2021 passed by the Civil Judge No.1, Cachar at Silchar in Title Appeal No.14/2019 whereby the judgment and decree dated 15.11.2019 passed by the Munsiff No.1 Cachar at Silchar in Title Suit No.94/2016.
3. Before entering into the facts of the case, it would be relevant to note that the petitioners have invoked the revisional jurisdiction under Section 115 of the Code of Civil Procedure. It is no longer res-integra that the revisional jurisdiction is limited in scope inasmuch as, the said jurisdiction cannot be exercised to correct errors of facts however gross or even errors of law unless the said error have relation to the jurisdiction of the Court to try the dispute itself. A plain reading of Clauses (a) and (b) of Section 115 is in reference to exercise of jurisdiction by the Court not vested in the Court by law or has failed to exercise jurisdiction so vested in the Court. Clause (c) is in relation to exercise of jurisdiction i
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