1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL WRIT PETITION No.14004/2009 Pappu Lal Vs. Smt. Keshi & Ors. DATE OF ORDER ::: NOVEMBER 9TH, 2009 P R E S E N T HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Shri D.P.Pujari, for the petitioner BY THE COURT : 1. ` Heard learned counsel for the petitioner. 2. The plaintiff-petitioner has preferred this writ petition challenging the impugned order dated 30th July, 2009 passed by the Addl. District & Sessions Judge No.2, Sikar, whereby his application under Order 22 Rule 4 C.P.C. for substitution of his name in place of deceased defendant No.1 Smt.Keshi as legal representative has been rejected. 3. The learned trial court after considering the submission of learned counsel for both the parties rejected the application of the petitioner and passed an order that name of Anil(minor) through his natural mother Smt.Santosh be substituted as 2 legal representative of deceased defendant No.1 Smt.Keshi. Being aggrieved with the same, the plaintiff has preferred this writ petition. 4. The submission of the learned counsel for the petitioner is that plaintiff-petitioner was adopted son of late Shri Dhuda Ram husband of Smt.Keshi defendant No.1, who has now expired during the pendency of the suit, therefore, he is legal representative of Smt.Keshi. Therefore, his name be substituted in her place. The application was contested by defendant No.2 Smt.Santosh the real daughter of Dhuda Ram on the ground that Smt.Keshi in her life time adopted her son Anil and executed a registered adoption deed in favour of Anil. Therefore, plaintiff is not the legal heir or representative of late Smt.Keshi and his name cannot be substituted but the name of Anil be substituted in place of defendant No.1 Smt.Keshi. 5. I have considered the submissions of learned counsel for the parties in the light of reason assigned by the trial court for rejecting the application of the petitioner. 3 The learned counsel for the petitioner does not dispute that late Smt.Keshi D.W.1 executed a registered adoption deed in favour of Anil son of defendant No.2 Smt.Santosh. It is also not in dispute that during the life time of Smt.Keshi, her statement was recorded as D.W.1 in the trial court, wherein she admitted that she had taken Anil in adoption as her adopted son. In these circumstances, I find that the learned trial court was fully justified in rejecting the application of the plaintiff to substitute his name in place of Smt.Keshi and in passing an order for substitution of name of Anil in place of Smt.Keshi. The reasons assigned by the trial court are absolutely legal and justified and same do not call for any interference by this Court while exercising powers under Article 227 of the Constitution of India. 6. In Babhutmal Raichand Oswal Vs. Laxmibai R. Tarte and Another – AIR 1975 SC 1297, the Hon'ble Apex Court, while considering the scope of Article 227 of the Constitution of India, held that the power of superintendence of High Court under Article 227 of the Constitution of India 4 being extraordinary is to be exercised most sparingly and only in appropriate cases. This power, as in the case of certiorari jurisdiction, cannot be invoked to correct an error of fact which only a superior court can do in exercise of its statutory power as a court of appeal. The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a court of appeal when the legislature has not conferred a right of appeal and made the decision of the subordinate court or tribunal final on facts. The High Court cannot, while exercising jurisdiction under Article 227 of the Constitution of India, interfere with findings of fact recorded by the subordinate court or tribunal. Its function is limited to seeing that the subordinate court or tribunal functions within the limits of its authority. It cannot correct mere errors of fact by re- appreciating evidence. 7. In view of above discussion, I do not find any merit in the writ petition and the same is accordingly dismissed in limine. (Narendra Kumar Jain), J. BKS/