ORDER Hari Nath Tilhari, J.—This revision petition arises from the judgment and order dated 12.3.1998 delivered in Miscellaneous Appeal No. 2 of 1997. 2. In this case, O.S. No. 84 of 1996 was filed and that suit was for decree for specific performance. While filing the suit, the Plaintiff filed an application under Order 39, Rules 1 and 2 of Code of Civil Procedure, for grant of temporary injunction. The trial Court, no doubt, granted the ex-parte injunction order and thereafter, after objections, were rejected and order dated 21.12.1996 was passed making the ex-parte temporary injunction order confirmed. 3. Feeling aggrieved from that order, the Defendant filed an appeal under Order 43, Rule 1 of Code of Civil Procedure. The appellate Court opined that the trial Court could not have relied on the mahazar when entries in R.T.C. shows the name of the first Defendant to the suit schedule property and it opined that, as such, prima facie Defendant's possession was established as per entries in R.T.C. which have got presumptive value. Having recorded the above findings, the appellate Court opined that the Plaintiff has failed to make out a prima facie case to make the ex-parte temporary injunction order absolute. After having held that the Plaintiff has not made out a prima facie case as well as balance of convenience also does not lie in favour of the Plaintiff/revision Petitioner, the appellate Court set aside the order dated 21.12.1996 and set aside the injunction order and rejected the application for temporary injunction and vacated the ex-parte injunction order which was granted by Trial Court. Feeling aggrieved from this order, the Plaintiff has come up before this Court in this revision under Section 115 of Code of Civil Procedure. 4. I have heard Sri Panduranga Swamy, learned Counsel for the revision Petitioner and Sri T.J. Mariyappa, learned Counsel for the Respondent No. 2. 5.
Feeling aggrieved from this order, the Plaintiff has come up before this Court in this revision under Section 115 of Code of Civil Procedure. 4. I have heard Sri Panduranga Swamy, learned Counsel for the revision Petitioner and Sri T.J. Mariyappa, learned Counsel for the Respondent No. 2. 5. It has been contended on behalf of the revision Petitioner that the Court below when it had placed reliance on the entries in the R.T.C. extracts showing the possession of the Defendant on the land in question and held that the mahazar could not be relied upon and when the entries in the R.T.C. extracts clearly exhibited the name of Defendant No. 1 as owner in possession, it committed an error of law especially when the Deputy Commissioner by his order dated 11.10.1995 had restored the possession to the Defendant. The learned Counsel contended that discretion had been exercised by the trial Court properly and the finding on prima facie case has rightly been recorded. But the lower appellate Court failed to appreciate the material on record properly and therefore, erred in reversing that finding. 6. The jurisdiction of this Court under Section 115 of Code of Civil Procedure is very limited. It is not that of a first appellate Court nor even of a second appellate Court. The cases in which order impugned amounts to a case decided it can interfere if the order impugned is not appealable to the High Court and thereafter it is shown that the order impugned is shown to suffer from jurisdictional error, as indicated under Clauses (a), (b) or (c) of Section 115. The learned Counsel's contention is that the lower appellate Court has failed to appreciate the material and erred in appreciating the material on record. Appreciation of material on record or evidence cannot be said to amount to Courts acting without jurisdiction, as if the Court had jurisdiction, it has full jurisdiction to commit error even in appreciation of evidence and material and an error committed in appreciation of evidence or material evidence comes within the term of Courts acting within jurisdiction. If the Court acts and commits any error of appreciation while exercising power either discretionary or other statutory power, the order cannot be said to suffer from want of jurisdiction or in excess of jurisdiction.
If the Court acts and commits any error of appreciation while exercising power either discretionary or other statutory power, the order cannot be said to suffer from want of jurisdiction or in excess of jurisdiction. It should also be taken note of that every error committed by the Court cannot be said to be jurisdictional error. The learned Counsel contended that the case may come within Clause (c) of Section 115. I am unable to accept this contention as "acting illegally" means acting in breach of some statutory provision of law and "acting with material irregularity" means acting otherwise than the procedure prescribed by law. A reference in this regard may be made Council in the case of N.S. Venkatagiri Iyengar vs. Hindu Religious Endowment Board. It will be appropriate to refer to the following observations of Their Lordships: The section empowers the High Court to satisfy itself upon three matters, (a) That the order of the subordinate Court is within its jurisdiction; (b) That the case is one in which the Court ought to exercise jurisdiction; and (c) That in exercising jurisdiction the Court has not acted illegally, that is, in breach of some provision of law, or with material irregularity, that is, by committing some error of procedure in the course of the trial which is material in that it may have affected the ultimate decision. If the High Court is satisfied upon those three matters, it has no power to interfere because it differs, however profoundly, from the conclusions of the subordinate Court upon questions of fact or law. 7. If this Court tries to differ from the conclusion, it has no jurisdiction to differ on conclusions of fact under Section 115. This case of Privy Council has been followed by Their Lordships of the Supreme Court in very many cases. 8. In the present case, no jurisdictional error has been pointed out. The revision being devoid of merits, is hereby dismissed.