CHANDU SHERPA Vs. RAJU RAI

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India challenging the impugned Order dtd. 29/8/2023 passed by the learned Civil Judge, Gangtok Sikkim disposing of the three applications filed by the respondent no.1 (defendant no.1).

(2.) It is settled law that the supervisory jurisdiction under Article 227 of the Constitution of India is exercised for keeping the district judiciary within the bounds of their jurisdiction when the Court has assumed jurisdiction which it did not have or has failed to exercise a jurisdiction which it had or the jurisdiction though available is being exercised by the Court in a manner not permitted by law and failure of justice or grave injustice has occasioned thereby.

(3.) Heard the learned counsel for the parties. The learned Government Advocate representing the respondent no.2 submits that as the issue pertains to the objection of the plaintiffs to the amendments in the written statements filed by the defendant no.1 he has nothing to contest.