The High Court’s supervisory power under Article 227 is limited to rectifying patent perversity or jurisdictional excess. It does not permit the court to re-examine merits or substitute its own opinion for that of the lower appellate court merely because a different view is legally possible.

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Mr. R. Ali, the learned counsel for the petitioners. Also heard Mr. R. Sarma, the learned counsel for the respondents.

2. This application under Article 227 of the Constitution of India has been filed by the petitioners, namely, (1) Purvottar Simnta Railway Karmachari Sangh (PSRKS) represented by its General Secretary, Mr. Paulush Mushahary, (2) Ms. Anita Singh, and (3) Paulush Mushahary, impugning the judgment and order dated 28.05.2025, passed by the Court of the learned Additional District Judge No. 3, Kamrup (Metro) in Miscellaneous Appeal No. 1/2025, whereby, the First Appellate Court set aside the order dated 17.12.2024 passed by the Court of the learned Civil Judge (Senior Division) No. 1, Kamrup (Metro) in Misc. (J) Case No. 11/2024.

3. By the order dated 17.12.2024, the Trial Court had granted temporary injunction in favour of the present petitioners, restraining the present respondents from engaging in activities under the name and banner of the petitioner No.1,Trade Union until resolution of the dispute pending in Title Suit No. 633/2024. By the order impugned in this Civil Revision Petition, the aforesaid order of the Trial Court has been set aside and vacated.

4. The facts relevant for consideration of the instant Civil Revision Petition, in brief, are that the present petitioner No.1, namely, Purvottar Simnta Railway Karmachari Sangh (PSRKS) is a Trade Union registered under Trade Unions Act, 1926 having registration No. 721/1971. The petitioner No. 2 Ms. Anita Singh is the President of said Trade Union, whereas the petitioner No.3, namely, Mr. Paulush Mushahary is the General Secretary of the aforesaid Trade Union. The said petitioners have filed a Title Suit bearing T.S. No. 633/2024 before the Court of the learned Civil Judge (Senior Division) No. 1, Kamrup (Metro) against the present respondents namely, (1) Shri Jitu Hazarika, (2) Shri. Harish Bhuyan.

5. In the plaint of the aforesaid Title Suit, it has been pleaded by the present petitioners that the petitioner No.1 is one of the independent zonal union of the employees of North East Frontier Railway and it has its own constitution to fulfill aims and objectives mentioned therein. It was further pleaded by the petitioners in their plaint that initially the petitioner No. 1 Union got its affiliation under “Bharatiya Railway Mazdoor Sangha (BRMS).

6. It was further pleaded in the plaint that zonal unions like the petitioner No.1 are independent bodies as the federations under which they get their affiliation cannot interfere in the internal matters of the zonal unions. However, it has been alleged that since last part of year 2019, some authorities of Bharatiya Railway Mazdoor Sangha (BRMS), started interfering with the internal matters of the petitioner No.1 Union. Accordingly, the Executive Committee of petitioner No.1 Union took decision on 14.06.2020 to withdraw its affiliation from Bharatiya Railway Mazdoor Sangha. The said decision was conveyed to the Bharatiya Railway Mazdoor Sangha on 16.06.2020 by way of sending a letter to it by the petitioner No.1 Union. After withdrawal of affiliation from Bharatiya Railway Mazdoor Sangha, the petitioner's Union affiliated itself under Bharatiya Janta Mazdoor Sangha, (BJMS). To