Point of Law: Under Section 115 of Code a jurisdictional question may arise not only where Court acts solely without jurisdiction but also in a case where jurisdictional errors are committed while exercising jurisdiction.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. A. Sattar, the learned counsel for the petitioner and Mr. S. Khound, the learned counsel for the respondent No. 1.

2. This is an application under Section 115 of the Code of Civil Procedure, 1908 (for short the Code) challenging the judgment and decree dated 24.1.2017 passed by the learned Court of the Civil Judge, Tinsukia in Title Appeal No. 15/2013 whereby the appeal was dismissed and the judgment and decree dated 26.8.2013 passed by the learned Court of the Munsiff No. 1, Tinsukia in Title Suit No. 26/2008 was upheld.

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 vested in Court. Clause (c) is in relation to exercise of jurisdiction illegally and with material irregularity. Therefore, under Section 115 of the Code a jurisdictional question may arise not only where the Court acts solely without jurisdiction but also in a case where jurisdictional errors are committed while exercising jurisdiction. There may be various facets of jurisdictional error for example the findings arrived at is perverse, based on no evidence or misreading of evidence or such findings have been arrived at by ignoring or overlooking material irregularities or such findings so grossly erroneous that if allowed to stand would occasion miscarriage of justice. In other words, interference with an incorrect finding of fact recorded by the Court below for the purpose of exercising revisional jurisdiction must be understood in the context, where such findings are perverse or has been arrived at without consideration of material evidence or such finding is based on no evidence or misreading of evidence or is grossly erroneous that if allowed to stand it would occasion gross miscarriage of justice, is open to correction because it is not treated as a finding according to law. In the judgment of the Constitution Bench of the Supreme Court rendered in the case of Hindustan Petroleum Corporation Ltd. vs. Baharsingh, (2014) 9 SCC 70, the Supreme Court observed that the Court while exercising jurisdiction under Section 115 of the Code is required to satisfy itself as regards the regularity, correctness, legality or propriety of the impugned decision or the order and cannot exercise its power as an Appellate Court to re-appreciate or reassess the evidence to a different finding of fact. It is also made clear that this Court while exercising the revisional jurisdiction is not and cannot be equated with the power of re-consideration of all questions of facts as the Court of First Appeal.

4. For appreciating as to whether the jurisdiction under Section 115 of the Code can be exercised in the instant case, it would be relevant to take note of the facts involved. For the purpose of convenience, the parties herein are referred to in the same status as they stood before the Trial Court. The respondent No. 1 herein as a plaintiff had instituted a suit being Title Suit No. 26/2008 before the Court of the Munsiff at Tinsukia. In the said suit, it is the case of the plaintiff that in respect to a plot of land measuring 2 kathas 2 lechas situated at Sheet No. 8, Tinsukia town, there are two pattas and dags i.e. Periodic Patta No. 1084 and 2116 and Dag Nos. 3333 and Dag No. 3187 respectively. Out of the aforesaid plot of land measuring 2 kathas 2 lechas, land measuring 1 katha 1 lecha covered by Periodic Patta No. 1084 com