TaxTMI 
TaxTMI 
2019 (2) TMI 2014
X X X X Extracts X X X X
X X X X Extracts X X X X
....was running business in Shop No. 3 in the name and style M/s. Om Garments owned by proforma Defendant No. 2 in Anand Complex, The Mall Solan w.e.f. 28.01.2013 on the basis of partnership deed of the said date with proforma Defendant No. 2 and the Plaintiff has been wrongly dispossessed by the Defendant No. 1 from the Shop No. 3 in the intervening night of 03.03.2013 - 04.03.2013 illegally, wrongfully, without the consent of the Plaintiff or proforma Defendant No. 2. (b) Decree for permanent prohibitory injunction restraining the Defendant No. 1 from causing any interference on any portion of suit premises/Shop No. 3 mentioned above. 3. A written statement was filed by the Appellant herein denying the averments made in the Suit a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....case of Defendant No. 2 that she ever sought eviction of Defendant No. 1 from the suit shop. It appears from the copy of partnership deed having been relied upon by the applicant that both applicant and Defendant No. 2 had connived with each other in order to oust Respondent No. 1 who is tenant over the suit shop and filed the suit as well as application for temporary and mandatory injunction in the Court. Moreover, when the applicant herself has come with the plea that she is out of possession of the suit shop and she has prayed that possession in her favour be restored qua the suit shop by way of temporary injunction and at the same time the applicant has failed to prove on record that she has prima facie case of balance of convenience li....
X X X X Extracts X X X X
X X X X Extracts X X X X
....which reads as follows: 115. Revision-(1) The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears- (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit: Provided that the High Court shall not, under this Section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ceedings under reference be stayed till the decision of the appeal by the High Court in the proceedings for specific performance of the agreement in question. Clause (c) also does not seem to apply to the case in hand. The words "illegally" and "with material irregularity" as used in this Clause do not cover either errors of fact or of law; they do not refer to the decision arrived at but merely to the manner in which it is reached. The errors contemplated by this Clause may, in our view, relate either to breach of some provision of law or to material defects of procedure affecting the ultimate decision, and not to errors either of fact or of law, after the prescribed formalities have been complied with. The High Court does not seem to have....