Mahesh Bhagwati, J. - (1.) By way of the instant writ petition, the petitioners have beseeched to quash and set-aside the order dated 5th October, 2009, whereby the learned Additional District Judge No.2, Bharatpur, dismissed the applications filed by the defendant-petitioners under Order 7 Rule 11 read-with Section 151 CPC.
(2.) Having heard the learned counsel for the petitioner it is noticed that the learned trial court while dismissing the application filed under Order 7 Rule 11 CPC observed that no exemption had been granted to the plaintiff-respondents with regard to payment of court fee, conversely the objection with regard to payment of less court fee was kept reserved and the plaintiff-respondents were conditionally permitted to file the suit.
(3.) The Hon'ble Apex Court in plethora of cases has consistently held that the jurisdiction under Article 227 of the Constitution must be sparingly exercised to correct errors of jurisdiction and the like, but not to upset pure findings of fact. The Hon'ble Apex Court has also held that the High Court should not interfere with the order of the inferior court, unless the same is found to be perverse or not based on any material or it results in manifesting injustice.;