Ambika Pradhan And Ano vs Purna Kumar Pradhan And Ors
2024 Latest Caselaw 34 Sikkim

Sikkim High Court

Ambika Pradhan And Ano vs Purna Kumar Pradhan And Ors on 15 May, 2024

                                                                       COURT NO.1
                       HIGH COURT OF SIKKIM : GANGTOK
                              Record of Proceedings



                               CRP No. 02/2024

AMBIKA PRADHAN AND ANR.                               PETITIONER (S)
                                     VERSUS
PURNA KUMAR PRADHAN AND ORS.                          RESPONDENT (S)


For Petitioners         :     Mr. Jorgay Namka, Senior Advocate with Ms. Phu
                              Doma Bhutia, Legal Aid Counsel.
For Respondent Nos.     :     Mr. S.S. Hamal, Senior Advocate with Ms. Sabina
1, 2 and 8                    Chettri, Mr. Leada T. Bhutia, Mr. Pradeep
                              Sharma and Mr. Anirudh Gupta, Advocates.

For Respondent Nos.     :     Mr. Sujan Sunwar, Assistant Government Advocate.
3 to 7


Date: 15/05/2024

CORAM:

      HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
                                ...

                                JUDGMENT

This is an application under section 115 of the Code of Civil Procedure,

1908, (for short, 'CPC, 1908') taken out by the petitioners against an order dated

20th February, 2024, passed by the learned Principal District Judge, Gangtok, in

Title Appeal No.04/2023.

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 section 107 of the CPC, 1908, for framing

additional issue and also under Order 41 Rule 27 read with section 107 of the

CPC, 1908, for adducing additional evidence.

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-section

(a), (b) and (c) of section 115 (1) of the CPC, 1908, are attracted in the facts of

COURT NO.1 HIGH COURT OF SIKKIM : GANGTOK Record of Proceedings

the instant case, under any circumstances. Needless to mention, this Court is

aware of the power of revision as provided under section 115 of the CPC, 1908,

and its inherent limitation to interfere with cogent and justifiable orders passed

by the learned Courts below.

The instant application seeking civil revision filed by the petitioners is,

therefore, liable to be dismissed and stands accordingly dismissed.

(Biswanath Somadder) Chief Justice jk/ami