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2021 Supreme(Gau) 656

Rohit Hazarika – Appellant
Versus
Smriti Rekha Dutta – Respondent


Advocates Appeared:
For the Petitioner: Mr. A. Sattar and Mr. Z. Mukit.
For the Respondent: Mr. B.K. Sen.

JUDGMENT :

1. Heard Mr. A. Sattar, learned counsel appearing for the petitioner and Mr. B.K. Sen, learned counsel appearing on behalf of the respondents.

2. This is an application under section 115 of the Code of Civil Procedure challenging the judgment and decree dated 19.12.2020 passed by the Court of the Civil Judge No. 1, Kamrup (M) at Guwahati in Title Appeal No. 24/2018, whereby the judgment and decree dated 30.1.2018 passed in Title Suit No. 332/2012 was confirmed.

3. 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 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

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