SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Gau) 571

DEVASHIS BARUAH
Professional Sales Representative Union Duly Represented By Sri Ranjan Sen – Appellant
Versus
Bibupada Gupta And Ors, S/O Late Biswajit Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D. Chakrabarty
For the Respondent: Mr. Gaurav R Dutta

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

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top