SUSHIL RISHI Vs. VINOD RISHI AND ORS.

JUDGEMENT

(1.) AGGRIEVED by the order dated 5.11.2014 passed by the court of 2nd Additional District Judge, Jammu allowing application for amendment as was filed by the respondent -plaintiff, instant petition has been filed. The order being neither appealable nor amenable to Revisional jurisdiction in view of proviso to Section 115 Code of Civil Procedure. Therefore, petitioner seeks invocation of supervisory power under Section 104 of the J&K State Constitution.

(2.) THE supervisory power is to be invoked so as to ensure that the Courts work within the bounds of the law. Such power is not to be exercised so as to be a substitute for Revisional power which Revisional power has been curtailed in terms of Proviso to Section 115 CPC.

(3.) THE amendment so incorporated to curtail the Revisional power cannot and is not to affect the superintendence and supervisory power of the Court nor the power exercisable under Section 103 of the State Constitution read with Article 226 of the Constitution of India and Section 104 of State Constitution read with Article 227 of the Constitution of India. But such power has to be exercised in a manner which may not have trappings of negating the operation of the proviso to Section 115 CPC.