Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the High Court could, in exercise of revisional jurisdiction, interfere with the Subordinate Court's finding that the plaintiff had shown sufficient cause for not bringing the legal representatives on record in time and for not applying for setting aside abatement within the period of limitation.
Analysis: The limitation provisions required the plaintiff to move within the prescribed periods for substitution and for setting aside abatement, and an application under Order XXII Rule 9(2) was subject to the enabling provision of Section 5 where sufficient cause was shown. The finding whether sufficient cause existed was a matter the trial court was competent to decide on facts. Revisional interference under Section 115 was confined to cases of jurisdictional error, such as a court assuming jurisdiction it did not possess or refusing to exercise jurisdiction vested in it. A wrong appreciation of facts, where the court had jurisdiction to decide the matter, did not justify revision. The distinction drawn in earlier authorities concerning limitation or res judicata affecting jurisdiction was held inapplicable here because the trial court was called upon to decide factual questions within its jurisdiction.
Conclusion: The High Court was not entitled to interfere in revision with the trial court's factual finding of sufficient cause.
Ratio Decidendi: A revisional court cannot interfere with a subordinate court's factual determination of sufficient cause under Order XXII Rule 9 and Section 5 of the Limitation Act unless the determination involves a jurisdictional error.