TMI Blog1978 (9) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... while the appellants, Second Party, filed several documents and 12 affidavits in support of their case. The Magistrate on a consideration of the material placed before him found himself unable to decide as to which of the parties had been in possession of the disputed land, and referred the matter to the civil court for a finding on the issue. On a consideration of the materials placed before him the Munsif by an order dated 22- 12-1975 found that the appellants, Second Party, were in possession and sent back the records to the Magistrate for disposal according to law. The Magistrate passed an order dated 7-4-1976 in accordance with the finding on the issue as to possession by the Munsif, holding that the appellants, Second Party were in possession. Aggrieved by the order of the Magistrate, the First Party filed a Revision Petition to the High Court. The High Court found that the Munsif had failed to consider the affidavit of either party but decided the question of possession only on the documents. As the Munsif failed to consider the affidavits, the High Court was of the view that the finding as to possession on the basis of documents alone without applying its mind to the af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The correctness of this decision was considered by a full Bench of five Judges in the Dewani Choudhary's case (supra). The Full Bench upheld the unanimous view in Raja Singh's case (supra) that sub-Section (1-D) does not take away the power of judicial interference which the High Court possesses under Article 227 of the Constitution with the decision of the Civil Court given under sub-Section (1A) of Section 146 of the Criminal Procedure Code in cases involving flagrant violation of legal principles or principles of natural justice. The second question that was considered in Choudhary's case was whether the High Court was competent to interfere with the findings of the Civil Court under Section (1A) of Section 146 in the exercise of its powers of criminal revision; the Full Bench held that there is no scope for interference with the findings of the Civil Court in exercise of the criminal revisional jurisdiction of the High Court, not by reason of the bar enacted in sub-Sec. (1D) of Section 146. but upon the express term of Sections 435 and 439 of the Code. The power of the High Court is confined against the final order which the Magistrate is enjoined to pass in co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 146 (1B) regarding possession is final and cannot be challenged by way of appeal, review or revision. The second question that arises is whether when the Magistrate passes an order on receipt of a finding, from the civil court that order can be challenged by way of revision before the High Court. The plea that was put forward was the bar to the challenge of the finding of the civil court is lifted when the Magistrate passes his order after the receipt of the finding of the civil court. Sub-section (1B) requires the Magistrate on receipt of the findings by the civil court to proceed and dispose of the proceedings under Section 145 in conformity with the decision of the civil court. If the order of the Magistrate is in conformity with the decision of the civil court, the Magistrate will be complying with the requirements of Section 146 (1B) and the order thus passed cannot be challenged. It will of course be open to the High Court to interfere if the order of the Magistrate is not in conformity with the finding of the civil court. When the order of the Magistrate is in conformity with the finding of the civil court, the High Court has no jurisdiction to interfere under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The High Court has interfered with the order of the Magistrate which is in conformity with the finding of the civil court regarding possession on the ground that the civil court has failed to consider the affidavits filed by the parties. The High Court on a reading of a passage in the judgment of the civil court came to the conclusion that the Munsif failed to consider the affidavits. In dealing with the affidavits, the civil court observed that as persons who had sworn to the affidavits, are highly interested persons, undue importance cannot be attached upon their oath. After referring to the person on both sides, who had sworn to the affidavits, the civil court stated that I do not think that these affidavits and counter-affidavits will be of any help to either party . We find that the civil court has taken into account the affidavits filed on behalf of the parties but as the persons who had sworn to the affidavits were interested and belonged to one party or the other, it found that no weight can be given to the affidavits. We do not agree that the rejection of the affidavits under the circumstances can be termed as failure to consider the affidavits. Apart from finding that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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