Mahesh Bhagwati, J. - (1.) By way of the instant writ petition, the petitioner has beseeched to quash and set-aside the order dated 28th August, 2009, whereby the learned Civil Judge (Jr. Division), Bassi, District Jaipur dismissed the application filed by the defendant-petitioner under Order 7 Rule 11 CPC.
(2.) Having heard the learned counsel for the petitioner it is noticed that the learned trial court in its impugned order while dismissing the application filed under Order 7 Rule 11 CPC observed that the plaintiff filed the suit for permanent injunction and the objections raised by the defendant-petitioner were the mixed questions of facts and law, which had been raised in the written statement and would be decided on the basis of evidence led by both the parties.
(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.;