// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5090/2008 Laluram S/o Ranglal Versus Mahendra Kumar @ Vinod Kumar and Others Date of Order ::: 05.09.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri J.S. Chouhan, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. The plaintiff-petitioner instituted a suit for declaration and permanent as well as mandatory injunction against the defendant- respondents in the trial court, which was dismissed. Being aggrieved with the same, an appeal was preferred and, during the pendency of the appeal, the plaintiff-petitioner filed an application dated 26th September, 2007 under Section 151 CPC with a prayer that the respondent No.1 may be directed to produce so- called 'Will', which is stated to be in his possession. The first appellate court rejected the said application vide order dated 25th April, 2008, which is under challenge in this writ petition, preferred on behalf of the // 2 // plaintiff-petitioner. I have examined the impugned order passed by the first appellate court in the light of submissions advanced on behalf of the petitioner and, after considering the same, I do not find any illegality, perversity or jurisdictional error therein so as to interfere with the same. The Hon'ble Supreme Court in Babhutmal Raichand Oswal Vs. Laxmibai R. Tarte – AIR 1975 SC 1297, held that the High Court cannot, while exercising jurisdiction under Article 227, interfere with finding of fact recorded by the subordinate court or tribunal. It's 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 examining the evidence and re- appreciating it. The Hon'ble Supreme Court in Mohd. Yunus Vs. Mohd. Mustaqim – AIR 1984 SC 38, held that in exercising the supervisory power under Article 227, the High Court does not act as an Appellate Court or Tribunal. In view of the above, there is no merit in this writ petition and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//