Section 115 revision barred against interim orders of the Rent Control Court under the special statute

A revision under Section 115 of the Code of Civil Procedure does not lie against an interim order of the Rent Control Court because that court, though not a persona designata, is not a court subordinate to the High Court within the meaning of the Code. The Rent Control Court under the Rent Control Act is not a full-fledged civil court governed by the Code, and the Act does not make the entire Code applicable. Authorities concerning limitation, arbitration, election tribunals, labour courts and claims tribunals were distinguished on the basis that a special statutory tribunal or court is not necessarily a civil court for Section 115 purposes.

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Issues: Whether a revision under Section 115 of the Code of Civil Procedure lies against an interim order passed by the Rent Control Court.

Analysis: The Rent Control Court was held not to be a persona designata, but that by itself was insufficient to attract Section 115 of the Code of Civil Procedure. The provision applies only to a court subordinate to the High Court within the meaning of the Code. The Rent Control Court under the Rent Control Act is not a full-fledged civil court governed by the Code of Civil Procedure, and the Act does not make the entire Code applicable. The authorities dealing with limitation, arbitration, election tribunals, labour courts, and claims tribunals were distinguished on the footing that a special tribunal or court created under a special statute is not necessarily a civil court for the purpose of Section 115.

Conclusion: A revision petition under Section 115 of the Code of Civil Procedure does not lie against an interim order of the Rent Control Court.

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