(1.) This writ petition is directed against the order dated 18.11.2010 passed by Trial Court rejecting petitioner's application for impleadment under Order 21 Rule 21 Rule 97 of Code of Civil Procedure in Misc. Case No. 63 of 2008 and the order dated 11.09.2012 dismissed Revision No. 13 of 2011 and confirming order of Trial Court.
(2.) The petitioner claimed ownership and possession as successor of heirs of one Nannoo Singh who was admittedly owner of Plot No. 158 measuring about 17 bighas. The Trial Court has recorded a finding that Nannoo Singh on his own has sold out the entire area of plot No. 158 through different sale deeds, details whereof has been given at page 121 of paper book, which left nothing to be succeeded by his legal heirs, hence there remain nothing to be succeeded by the petitioner and in these circumstances, she was found to have failed to show owner of any part of that land. This finding of fact has neither been assailed in the entire writ petition as perverse or illegal nor has been shown to be contrary to record. The Trial Court has also found that petitioner's contention that she was in possession of disputed land and building has not been been proved. These are all questions of fact covered by findings of fact recorded by Trial Court which has been confirmed in revision, hence in absence of any manifest error shown therein, no interference under Art. 226 of the Constitution is permissible.
(3.) The scope of judicial review in such matters where the orders of courts below are assailed before this Court in a writ petition under Art. 226/227 of the Constitution is very limited. This power involves a duty on the High Court to keep the inferior courts and tribunals within the bounds of their authority and to see that they do what their duty requires and that they do it in a legal manner. But this power does not vest the High Court with any unlimited prerogative to correct all species of hardship or wrong decisions made within the limits of the jurisdiction of the Court or Tribunal. It must be restricted to cases of grave dereliction of duty and flagrant abuse of fundamental principle of law or justice, where grave injustice would be done unless the High Court interferes.
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