MUSLIM ALI Vs. ASHOK LEYLAND FINANCE LTD

JUDGEMENT

(1.) The petitioners, named above, filed the present application under Article 227 of the Constitution of India challenging order dated 19.05.2011 passed by learned Civil Judge, or Division, Kailashahar, North Tripura District in Civil Misc Case No. 03/2011 arising out of Title Suit No. 5/ 2011 and the passed by learned Additional District Judge, North Tripura, Kailashahar in Civil Misc. Appeal No. 5/2011, alleging that the learned Civil Judge, Senior Division (trial Court) and the learned Additional District Judge (appellate Court) have utterly failed to exercise lawful jurisdiction vested/ conferred in them and thereby caused gross miscarriage of justice. Heard Learned Counsel, Mr. D.K. Biswas for petitioners and Learned Counsel, Mr. P. Rathor for the respondents.

(2.) The petitioners, as plaintiffs, instituted Title Suit No. 5/2011 for declaration and injunction in the Court of Civil Judge, Senior Division, Kailashahar; seeking following reliefs :

(3.) The High Court's power of revision under Article 227 of the Constitution would be restricted to interference in cases of grave dereliction of duty or flagrant violation of law, and would be exercised most sparingly, in cases where grave injustice would be done unless the High Court interfere. It cannot be used as appellate or revisional power. The power would not be exercised to correct an error of fact or of law, not being an error of law apparent on the face of the record, of an irregularity or illegality of procedure, unless such error affects the jurisdiction or involves a breach of principles of natural justice; or to re-apprise the evidence.