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SUJIT NARAYAN PRASAD
Jitendra Prasad Mahto – Appellant
Versus
Nirmal Mahto – Respondent
JUDGMENT :
(Sujit Narayan Prasad, J.) :
1. The instant petition under Article 227 of the Constitution of India is directed against the order dated 29.11.2013 and 18.04.2023 passed by the Addl. Civil Judge (Jr. Div.)-VIII, Hazaribag in Title Suit No.28 of 2008 namely, “Certificate of Auction Sale of Land”, whereby and whereunder, the petition was filed dated 17.11.2022 praying therein for marking one document as contained in serial no.5 of the list dated 12.08.2009 exhibited.
2. The said petition has been rejected vide impugned order against which the present petition has been filed invoking the jurisdiction conferred to this Court under Article 227 of the Constitution of India.
3. It has been contended on behalf of the petitioner that the document as contained in serial no.5 of the list dated 12.08.2009 could not be marked as exhibit which is the certified copy of the auction certificate in case no.508/1918-19 and as such, the said document is having bearing in deciding the said suit and as such, the prayer has been made to mark the said document as exhibit.
4. The plaintiff to the suit has seriously objected by placing the order passed by the learned trial Court dated 29.11.2013, wh
The High Court's supervisory jurisdiction under Article 227 is limited to correcting gross abuses of jurisdiction, not mere errors of law or fact.
(1) Striking out pleadings and rejection of plaint – Once specific provision under Order VII Rule 11 of CPC, is available, High Court cannot exercise powers under Article 227 to reject or strike off ....
The court emphasized the limited scope of interference under Article 227 and the need for supervisory correction in exercising jurisdiction.
The High Court's supervisory jurisdiction under Article 227 is limited to ensuring subordinate courts act within their authority, not to correct mere errors of law or fact.
The Family Courts Act, 1984 allows for the admissibility of evidence that assists in resolving matrimonial disputes, overriding other laws including the Indian Evidence Act.
The main legal point established in the judgment is that the power under Article-227 of the Constitution of India should be exercised sparingly and only in cases of grave injustice or failure of just....
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