CR No.2909 of 2014 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR No.2909 of 2014 (O&M)

Date of Decision: 23.07.2014

Arjinder Singh

..... Petitioner

Versus

Amarjit Kaur and another

... Respondents

CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA

Present:

Mr. Manish Prabhaker, Advocate,

for the petitioner.

1. To be referred to the Reporters or not?

2. Whether the judgment should be reported in the Digest?

RAJIV NARAIN RAINA, J.

Judicial record cannot be controverted except by way of an

affidavit presented before the same Judge. A story cannot be spun for the

first time in revisional jurisdiction under Article 227 of the Constitution of

India with a view to seek indulgence of this Court and expect it to

reconstruct what transpired in the trial court on a particular day of whether

the petitioner was present or not. The impugned order was passed on

November 12, 2013 and this petition has been filed rather belatedly and that

too without first approaching the trial Court for redress, if any. If the

petitioner has any genuine grievance against non-recording of his presence

in the order sheet on the date of hearing, complaining that he was present in

Court on November 12, 2013 the petitioner can have no effective remedy or

redress before this Court in the limited supervisory jurisdiction exercised by

this Court which is only to keep subordinate courts within the bounds of

their jurisdiction. There is no overstepping of jurisdiction here nor has any

Mittal Manju

2014.07.25 13:48

I attest to the accuracy and

integrity of this document

Chandigarh

CR No.2909 of 2014 (O&M)

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error been commited in exercise of authority in the passing of the order. In

such matters the trial court remains the final judge of fact.

Dismissed.

However, the petitioner is at liberty to bring his grievance to the

notice of the learned trial Court, if advised, in which event the dismissal of

this petition will not come in the way of trial judge to recall, if he can, as to

what transpired in court on November 12, 2013, and if the same judge is

still in seisin of the matter.

(RAJIV NARAIN RAINA)

23.07.2014

JUDGE

manju

Mittal Manju

2014.07.25 13:48

I attest to the accuracy and

integrity of this document

Chandigarh