Res judicata finding on an interlocutory issue is not revisable under Section 115 when final appeal remains available.

A finding that a suit is not barred by res judicata, made on an interlocutory issue by the trial court, is within that court's jurisdiction and does not amount to jurisdictional error or material irregularity merely because it may be erroneous. An order directing the suit to proceed after such a finding is not a "case decided" for revision under Section 115 of the Code of Civil Procedure, 1908, particularly where an appeal remains available from the final decree. Revision was therefore not maintainable and the order was left undisturbed.

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Issues: Whether revision under Section 115 of the Code of Civil Procedure, 1908 lay against a finding that the suit was not barred by res judicata and the consequent order directing the suit to proceed.

Analysis: The Court held that a decision on res judicata is a matter within the jurisdiction of the trial court to decide, and even if erroneous, does not amount to a failure to exercise jurisdiction or an exercise of jurisdiction with material irregularity. It further held that a finding on an interlocutory issue, followed by an order for the suit to proceed, is not a case decided within the meaning of Section 115, particularly where an appeal remains available from the final decree.

Conclusion: Revision was not maintainable against the impugned finding and interlocutory order.

Final Conclusion: The revisional application failed, and the order directing the suit to proceed was left undisturbed.

Ratio Decidendi: A finding on res judicata in an interlocutory matter, where the trial court has jurisdiction to decide the issue and an effective appellate remedy exists after final decree, is not revisable under Section 115 of the Code of Civil Procedure, 1908.

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