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        Case ID :

        1965 (4) TMI 107 - SC - Indian Laws

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        Revisional jurisdiction under Section 115 CPC cannot correct mere errors of law in decree construction absent jurisdictional defect. Section 115 CPC confines revisional interference to jurisdictional error, failure to exercise jurisdiction, or illegal exercise with material ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Revisional jurisdiction under Section 115 CPC cannot correct mere errors of law in decree construction absent jurisdictional defect.

                            Section 115 CPC confines revisional interference to jurisdictional error, failure to exercise jurisdiction, or illegal exercise with material irregularity. A mere error of law, even in construing a decree, is not revisable unless it affects jurisdiction. The District Court's interpretation of the decree and its finding that the mortgagors' equity of redemption had been extinguished concerned the merits of the adjudication, not the court's jurisdiction. The Supreme Court therefore held that the High Court exceeded its revisional jurisdiction by reversing that finding on a different view of the decree.




                            Issues: Whether the High Court could interfere in revision under Section 115 of the Code of Civil Procedure with the District Court's construction of the decree and its finding that the mortgagors' right to redeem had been extinguished.

                            Analysis: The scope of Section 115 is confined to cases where the subordinate court has exercised a jurisdiction not vested in it, failed to exercise jurisdiction vested in it, or acted illegally or with material irregularity in the exercise of jurisdiction. An error of law which does not bear upon jurisdiction cannot be corrected in revision. The construction of the decree, though a question of law, was part of the adjudication of whether the debt was subsisting and whether the right of redemption remained alive. That question did not go to the jurisdiction of the District Court, and the High Court therefore had no authority to upset that finding merely because it took a different view of the decree.

                            Conclusion: The High Court exceeded its revisional jurisdiction in reversing the District Court's finding on the effect of the decree and the extinction of the equity of redemption.

                            Ratio Decidendi: Section 115 does not permit revision of an erroneous decision on a pure question of law unless the error is connected with the subordinate court's jurisdiction or its exercise with material irregularity.


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