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2022 Supreme(Gau) 600

DEVASHIS BARUAH
Dilip Chowdhury S/o. Late Satish Chandra Chowdhury – Appellant
Versus
Ahmed Tea Company Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. D. Mazumdar, Senior Advocate, Mr. S. Biswas, Advocate.
For the Respondents:Mrs. S. Sharma, Advocate.

JUDGMENT :

1. Heard Mr. D. Mazumdar, the learned senior counsel assisted by Mr. S. Biswas, the learned counsel for the petitioner and Mrs. S. Sharma, the learned counsel appearing on behalf of the respondent.

2. This is an application under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 (for short, the Code) challenging the judgment and decree dated 22.12.2016 passed by the learned Civil Judge, Dibrugarh in Title Appeal No.61/2012 whereby the appeal was dismissed and the judgment and decree passed by the Court of the Munsiff No.2, Dibrugarh in Title Suit No.116/2006 dated 23.08.2012 was affirmed.

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

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