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2022 (1) TMI 1433 - SUPREME COURTCivil suit - limited jurisdiction exercised by High Court - It is the appellant’s case that due to the detention, the appellant was prevented from effectively contesting and participating in the civil suit - Whether the High Court was justified and correct in law and on facts in exercising powers under Article 227 of the Constitution of India to set aside the order allowing the application under Order IX Rule 13 of the Code of Civil Procedure, 1908 filed by Shailendra Garg, sole proprietor of M/s Garment Craft? HELD THAT:- The impugned order is contrary to law and cannot be sustained for several reasons, but primarily for deviation from the limited jurisdiction exercised by the High Court under Article 227 of the Constitution of India. The High Court exercising supervisory jurisdiction does not act as a court of first appeal to reappreciate, reweigh the evidence or facts upon which the determination under challenge is based. Supervisory jurisdiction is not to correct every error of fact or even a legal flaw when the final finding is justified or can be supported. The High Court is not to substitute its own decision on facts and conclusion, for that of the inferior court or tribunal. The jurisdiction exercised is in the nature of correctional jurisdiction to set right grave dereliction of duty or flagrant abuse, violation of fundamental principles of law or justice. The power under Article 227 is exercised sparingly in appropriate cases, like when there is no evidence at all to justify, or the finding is so perverse that no reasonable person can possibly come to such a conclusion that the court or tribunal has come to. It is axiomatic that such discretionary relief must be exercised to ensure there is no miscarriage of justice. The factum that the counsel for the appellant had applied for the certified copy would show that the counsel for the appellant was aware that the ex-parte decree had been passed on the account of failure to lead defence evidence. This would not, however, be a good ground and reason to set aside and substitute the opinion formed by the trial court that the appellant being incarcerated was unable to lead evidence and another chance should be given to the appellant to lead defence evidence. The discretion exercised by the trial court in granting relief, did not suffer from an error apparent on the face of the record or was not a finding so perverse that it was unsupported by evidence to justify it. The impugned order dated 4th July 2019 is set aside - the order dated 24th July 2018 passed by the Additional District Judge, (Central), Tis Hazari, Delhi, is restored allowing the application under Order IX Rule 13 of the Code and setting aside ex-parte decree and the judgment dated 8th November 2016 - Appeal allowed.
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