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2022 Supreme(Gau) 535

DEVASHIS BARUAH
Rupa Hazarika W/o Shanti Hazarika – Appellant
Versus
Mahendra Kaur W/o Lt. Banta Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. L K BORAH
For the Respondent: MR G KAKOTI

JUDGMENT :

Heard Mr. L.K. Borah, the learned counsel appearing on behalf of the Petitioner and Mr. G. Kakoti, the learned counsel appearing on behalf of the Respondents.

2. This is an application under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code) challenging the judgment and decree dated 8/10/2021 passed in Title Appeal No. 53/2019 whereby the judgment and decree passed by the learned Munsiff No. 2 on 04/09/2015 in Title Suit No. 254/2014 was upheld thereby dismissing the appeal.

3. Before entering into the facts of the case, it would be relevant to note that the Petitioner herein have invoked the revisional jurisdiction under Section 115 of the Code. It is no longer res-integra that the revisional jurisdiction is limited in scope inasmuch as the said jurisdiction cannot be exercised to correct error of facts. However gross or even errors of law unless the said errors have relation to the jurisdiction of the Court to try the dispute itself. A plain reading of Sub-Clauses (a) and (b) of Section 115 of the Code is in reference to the exercise of jurisdiction by the Court not vested in the Court by law or has failed to exercise jurisdiction so ve

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