P.S. VENKATESWARALU Vs. A. BHANU

JUDGEMENT

(1.) This application under Art. -227 of the Constitution has been filed seeking quashment of order dated 04.02.2000 passed by learned Civil Judge (Sr. Division), Berhampur in Title Suit No. 161 of 1993 and the order of learned District Judge, Berhampur in Civil Revision No. 23 of 2000 under Annexure-5. By the above order, the trial court has allowed the opposite party no. 1 to 7, the defendants in the said suit for being transposed as plaintiffs in place of deceased original plaintiff no. 2 being the legal representatives. The present petitioner who had earlier been transposed as plaintiff had carried Civil Revision No. 23 of 2000 in knocking the revisional jurisdiction of the learned District Judge under section 115 of the Code of Civil Procedure complaining the jurisdictional error committed by the trial court in the matter as above and seeking its rectification. The revisional court having refused to interfere with the said order finding no such jurisdictional error to have committed by the trial court in passing the same, the matter has now been placed before this Court in a proceeding under Art. 227 of the Constitution seeking quashment of those orders.

(2.) I have heard learned counsel for the petitioners and learned counsel for the opposite parties at length on the question of maintainability as per the earlier order.

(3.) The question is to the maintainability of the present application under Art. -227 of the Constitution in seeking quashment of an order passed by the trial court in seisin of a suit before it with which the revisional court in exercise of its jurisdiction under section 115 of the Code of Civil Procedure has refused to interfere finding the same to have not been so passed either in exercise of jurisdiction not vested in it by law or that in passing it, there has been exercise of jurisdiction illegally or with material irregularity.