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2022 Supreme(Gau) 257

DEVASHIS BARUAH
UMANGKHINI BORMAN DUTTA W/O SRI DEEP DUTTA – Appellant
Versus
LUNA BORA W/O SRI TUTU BORA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A.R. Shome.
For the Respondent: P. Kataki.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. A.R. Shome, the learned counsel for the petitioner and Mr. P. Kataki, the learned counsel appearing on behalf of the respondent.

2. This application under Section 115 of the Code of Civil Procedure, 1908 read with Article 227 of the Constitution of India challenging the judgment and decree dated 06.09.2021 passed by the learned Civil Judge, Sivasagar in Title Appeal No. 08/2020 thereby dismissing the appeal and confirming the judgment and decree dated 17.11.2020 passed by the Court of the Munsiff No. 1, Sivasagar in Title Suit No. 48/2016.

3. For the purpose of convenience, the parties herein are referred to in the same status as they were in the suit.

4. Before entering into the facts of the case, it would be relevant to note that the petitioner has 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

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