AMBIKA PRADHAN Vs. PURNA KUMAR PRADHAN

JUDGEMENT

(1.) This is an application under Sec. 115 of the Code of Civil Procedure, 1908, (for short, 'CPC, 1908') taken out by the petitioners against an order dtd. 20/2/2024, passed by the learned Principal District Judge, Gangtok, in Title Appeal No.04/2023.

(2.) By the order impugned, the learned Principal District Judge proceeded to dismiss the application filed by the appellants (being the petitioners herein) under Order 41 Rule 25 read with Sec. 107 of the CPC, 1908, for framing additional issue and also under Order 41 Rule 27 read with Sec. 107 of the CPC, 1908, for adducing additional evidence.

(3.) After having perused the impugned order in detail, (which is not reproduced herein only in order to avoid prolixity), this Court is of the view that the same is supported with cogent and justifiable reasons and as such, does not warrant any revision by this Court since neither of the provisions of sub-sec. (a), (b) and (c) of Sec. 115 (1) of the CPC, 1908, are attracted in the facts of the instant case, under any circumstances. Needless to mention, this Court is aware of the power of revision as provided under Sec. 115 of the CPC, 1908, and its inherent limitation to interfere with cogent and justifiable orders passed by the learned Courts below.