Document Fragment View

Matching Fragments

22. The learned counsel for the first respondent also draws the attention of this Court to the principles laid down by this Court while dealing with the scope of Article 227 of the Constitution of India in a decision reported in Ganapathy Subramanian .vs. S.Ramalingam and others reported in (2007) 7 MLJ 13 in which the learned Judge has observed thus:

"16. The supervisory jurisdiction of this Court could be invoked only when the trial Court has committed any error. Mere filing of a suit by the respondents and taking the suit on thefile by the trial Court cannot be regarded as an act on the part of the trial Court to transgress its jurisdiction or its bound. Of course, the party who files the suit might have filed the suit suppressing material facts or made up the suit to his convenience for seeking the relief which is not otherwise entitled to. But that facto has to be considered by the trial Court during the relevant point of time...."