VISHESH KUMAR versus SHANTI PRASAD

VISHESH KUMAR versus SHANTI PRASAD

The High Court is not vested with revisional jurisdiction under section 115 of the Code of Civil Procedure over a revisional order made by the District Court under that section, and an order passed under section 25 of the Provincial Small Cause Courts Act by a District Court is not amenable to the revisional jurisdiction of the High Court under section 115 of the Code of Civil Procedure.

Parties
Appellant: Vishesh Kumar; Respondent: Shanti Prasad
Jurisdiction
India
Judgment Date
12 March 1980
Procedural Posture
Civil Appeal by Special Leave / Supreme Court Decision on Appeal From Order of Allahabad High Court in Civil Revision No. 1273 of 1976
Outcome
Appeal and Special Leave Petitions dismissed.
Legal Topics
Revisional Jurisdiction, Power of High Court Under Section 115 CPC, Provincial Small Cause Courts Act Section 25, Jurisdictional Limits Between High Court and District Court
Civil Procedure Revisional Jurisdiction Power of High Court Under Section 115 CPC Provincial Small Cause Courts Act Section 25 Jurisdictional Limits Between High Court and District Court

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Parties

Vishesh Kumar

Appellant

Shanti Prasad

Respondent

Procedural Posture

Civil Appeal by Special Leave / Supreme Court Decision on Appeal From Order of Allahabad High Court in Civil Revision No. 1273 of 1976

Legal Issues

  1. 1 Whether the High Court possesses revisional jurisdiction under section 115 CPC in respect of an order of the District Court under section 115 disposing of a revision petition.
  2. 2 Whether the High Court possesses revisional jurisdiction under section 115 CPC against an order of District Court under section 25 of the Provincial Small Cause Courts Act disposing of a revision petition.

Ratio Decidendi

The High Court is not vested with revisional jurisdiction under section 115 of the Code of Civil Procedure over a revisional order made by the District Court under that section, and an order passed under section 25 of the Provincial Small Cause Courts Act by a District Court is not amenable to the revisional jurisdiction of the High Court under section 115 of the Code of Civil Procedure.

Court Disposition

Appeal and Special Leave Petitions dismissed.

Orders

  • Revision petitions under section 115 CPC are not maintainable against revisional orders of the District Court under section 25, Provincial Small Cause Courts Act; appeals and connected petitions are dismissed; no order as to costs.