GAJENDRA GAJANAND Vs. SHYAMLAL JHA

JUDGEMENT

(1.) COUNSEL for the petitioner argued before the court, but refused to disclose his name. This statement is recorded at the bar.

(2.) CHALLENGE in this writ petition is to the order dated 22.7.2008, whereby Civil Judge (Jr. Division), Nasirabad dismissed the application filed by the petitioner-defendant no.2 under Section 65 of Indian Evidence Act.

(3.) THIS writ petition has been filed under Article 227 of the Constitution of India. In the case of Shalini Shyam Shetty and Another Versus Rajendra Shankar Patil reported in (2010) 8 Supreme Court Cases 329, their Lordships of Hon'ble Apex Court have held that the power under Article 227 of the Constitution of India is a reserved and exceptional power for judicial intervention to be exercised not merely for the grant of relief in any even of the case, but only to be directed for the promotion of public confidence in the administration of justice. It has been held that the power is unfettered, but subject to high degree of judicial discipline and interference is to be kept at the minimum.