SINGLEbéEWH c z z ' l o f / BEFORE THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. No. 4M0 0f 2006. PETITIONER Aadil Raheem, son of A. Raheem, resid- ent ofBehind Church, Bayron Bazar, Raipur (Chhattisgarh), 2. Shafalq Unaha Khan, son of ‘s. Abdullah, resident of Behind Church, Bayran Bazar, Raipur (Chhattisgarh). V‘ E R S U S RESPONDENTS :- 1‘ Smt. Meharunnisha Siddhique, Widow of Salim Siddhique, resident ofZl New Panchsheel Nagar, Raipur (Chhattisgarh) A ; President, Anupam Grih Nirrnan Sahkari V ' Samin; J—6, Shn‘ Ram Nagar, Rajpur PETITION UNDER ARTICLE (Chhattisgarh). N AILS OF PETITION :- “M x 227 OF CONSTITUTION OF INDIA-x DET 3L ‘ HE 200A WW(W) , WW§WW mwmm $Wm 11-8-2006 Mr. H.B. Agrawai, Senior Advocate with Mr. J.K. Gupta, Advocate for the petitioners. mam WWW Heatd, on admission. By this writ petition und ‘ Article 227 of the Constitution of india, the petitioners have chailenged th order dated 19-7-2006 passed by the Registrar, Cooperative Societi in its revisional jurisdiction, whereby the Registrar has affirmed the ord r dated 16-1-2006 passed by the Deputy Registrar, Cooperative Societies n which, learned Deputy Registrar aiiowing the applications of the respond nts herein tiled under Section 151 of the Code of Civil Procedure. allowe the plaintiffs for recalling the witness for tendering into evidence, the left o tdocument. Learned Senior Advocate argued that once the witness is examined and relieved, thereafter, only the ourt was able to recall the evidence under' Order 18 Rule 17 of the C.P.C. and not under Section 151 of the C.P.C. Therefore, the order passed byt e Deputy Registrar recaliing the witness of the plaintiffs is perverse Having heard learned cou sel for the petitioners, l have perused the impugned orders as well as th writ petition. Under Article 227 of the Constitution of lndia this Court ca interfere and exercise the power or invoke jurisdiction only to correct errors of jurisdiction. As has been held by the Apex Court in the matter of Kisho e Kumar Khaitan & another vs. Pravéen Kumar Singh reported in (2006) SCC 312 and further as has been held in the matter of Surya Dev Rai vs. Ram Chander Rai & others reported in (2003) 6 SCC 675, ‘under Artcle 227 supervisory jurisdiction can be exercised for keeping subordin te courts within the bounds of their jurisdiction’. The Court further h d that 'it is neither availabie for correcting i P.T.O. e e %$ XI—HC—78 3am, WEI,W mm..§§~?~43©ffu , . O '.. m zooé mm (W) $mé§gg mmwm " 2" mere errors of fact or law, av I apparent on face of record, and (ii) grave injustice or gross failure of justice has been occasioned thereby. Wmar‘wm %awf%maa1%$ ilabie only when (i) error is manifest and e said jurisdiction can be exercised when a subordinate court assumed the jurisdiction which it does not have or has failed to exercise a jurisdiction hich it does have or the jurisdiction though avaiiable is being exercised by he court in a manner not permitted by law and failure of justice or grave njustice has occasioned thereby, the High Court may step in to exercise its upervisoryjurisdiction’. ln view of the above inciple, if We look into the facts and circumstances of the present case, the Deputy Registrar allowed the application of respondent No.1 herein on the ground inadvertently the v document which was already o the record was left out by mistake of the f counsel tendering the documen into evidence and therefore. the Deputy Registrar allowed the application and permitted to recall the witness in order‘ to put questions to him. lt can ot be said that the Deputy Registrar has acted without any jurisdiction or allowing the said application any manifest f j e injustice has been done to the pet' ioners herein. ln the circumstances, l am of the considered opinion that the petitioners have not been able to make out a case for interference by this Court under Article 227 of the 'Constitution of india. The writ petition is therefore, liable to be dismissed ar d it is hereby dismissed. in limine‘ Consequently. M.(W.)P.No.3‘i 79/2006 stands disposw Sd/- L.C. Bhadoo Judge Soma P.T.O. h r