MAHENDRA SINGH Vs. HAQIMUDDIN

JUDGEMENT

(1.) HEARD Sri Nalin Kumar Sharma learned counsel for the plaintiff-appellant.

(2.) THE plaintiff-appellant had instituted a suit for recovery of Rs. 25,000. THE suit was dismissed by the Court of first instance and so is the appeal by the lower appellate court. Thus, the plaintiff-appellant has preferred this second appeal.

(3.) LEARNED counsel for the plaintiff-appellant requests for return of the certified copies of the judgments and orders of the courts below and the decree appealed against to enable him to file a writ petition challenging the said judgments and orders. There is no difficulty in accepting the above request of the counsel simplicitor but a writ petition under Article 227 against the judgments and orders of the courts below would not be maintainable as it would amount to frustrating the very purpose of the amendment made under Section 102, C.P.C. The jurisdiction of the High Court under Article 227 of the Constitution of India is very limited and it cannot be permitted to be used to circumvent the provisions of the C.P.C. and to invoke writ jurisdiction where the second appeal has been specifically barred particularly when the judgment and order of the court of first instance had already been scrutinized once in appeal before the lower appellate court.