Revisional jurisdiction of high court
anupam sharma
(Querist) 12 April 2014
This query is : Resolved
In a suit for permanent injunction filed by one brother (say A) against his step brother (say B), Suit disposed of and a declaration was given to the effect that B is also legal heir to the property (of mother of B and step mom of A), An appeal was filed by A but nowhere in the grounds of Appeal it was mentioned that the trial court had exceeded the power in giving such declaration. However, pending appeal an application was filed by A to withdraw suit at trial court but the same was dismissed by appellate court. Now a revision against the said order of dismissal of application to withdraw suit by appellate court has been preferred at High Court and the same stands admitted and stay has been granted on observation that trial court has exceed power in giving declaration to effect of B being a legal heir. Now the question is Can the High Court exercising its revisional power give such a finding when its jurisdiction is only limited to withdrawal application??
R.K Nanda
(Expert) 12 April 2014
yes, HC can do it.
Devajyoti Barman
(Expert) 12 April 2014
Information is too scanty.
The petition for withdrawal of suit is to be filed in the trial court, not in appellate court.
Dr J C Vashista
(Expert) 13 April 2014
I agree with Sh. Devajyoti Barman ji as the information is confusing where you have stated that " pending appeal an application was filed by A to withdraw suit at trial court ", when the case has already been decided by trail court how the application for withdrawal is maintainable at this stage?
Rajendra K Goyal
(Expert) 13 April 2014
Consult lawyer at High court and show him all the documents.
anupam sharma
(Querist) 13 April 2014
As far as application to withdraw suit is concerned it was averred that same can be done at appellate stage as the appeal is continuation to suit. However, said application was dismissed by appellate court. The dismissal order of appellate court is challenged in High Court by way of revision petition. The High Court has granted stay in matter and said that finding given by trial court viz a declaration was given to the effect that defendant in suit is also legal heir to the property. My question is only pertaining to revisional jurisdiction of high Court. Can the HC go beyond its limited revisional jurisdiction and the give finding that a declaration given to the effect that defendant in suit is also legal heir to the property by trial court is erroneous? To my mind the HC can only decide whether the application for withdrawal of suit be allowed or not and nothing beyond in revisional jurisdiction.
Devajyoti Barman
(Expert) 13 April 2014
The withdrawal of suit can not be filed in appellate court even if appeal is continuation of suit.
Yes High court can not go beyond what is sought to be revised.
T. Kalaiselvan, Advocate 
(Expert) 13 April 2014
I agree with the views of Mr. Barman that the high court will consider only those issues which have been averred/referred by the memorandum of appeal preferred before it. Further the application to withdraw the suit can be filed before trial court only.
Dr J C Vashista
(Expert) 14 April 2014
Agreed with experts.
Basic question arises which order you have challenged ?
Undoubtedly it was trail court order, hence, how appellate court can entertain your application for withdrawal of suit which is under challenge, some facts are confusing or misunderstood by author.
