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1969 (4) TMI 106
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....er Section 115, Civil Procedure Code, against the same order had been previously dismissed by a single Judge of that court. 2. The appellant is the owner of a house in Poona. The respondent, who was a teacher, was the tenant of a block of four rooms on the first floor of the house. In 1958 he was transferred to another town Wai where he was allotted suitable residential accommodation. His son, however, stayed on in Poona as he was studying there. The appellant filed a suit in the court of Judge, Small Causes, under the provisions of the Act for possession of the suit premises, inter alia, on the ground that the respondent had acquired suitable accommodation elsewhere. The position taken up by the respondent was that his son was required to....
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....nstitution on a proper case being made out. After going into the merits the bench expressed the view that the respondent had not acquired an alternative suitable residence. The courts below were therefore, wrong in coming to the contrary conclusion. As Section 13(1)(1) of the Act had been misconstrued and the error was apparent on the record the orders of the courts below were set aside. 3. Now as is well known Section 115 of the Civil Procedure Code empowers the High Court to call for the record of any case which has been decided by any court subordinate to it and in which no appeal lies to it. It can interfer if the subordinate court appears to have exercised the jurisdiction not vested in it by law or to have failed to exercise the juri....
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....nuation or a rehearing of the suit. A revision, however, is not a continuation or a rehearing of the suit; nor is it obligatory upon the revisional court to interfere with the order even though the order may be improper or illegal. If the revisional court interferes the order of the lower court does not merge in the order passed by a revisional court but the order of the revisional court simply sets aside or modifies the order of the lower court. It was this argument which mainly prevailed before the Bombay bench. It would appear that this Court has taken a view which runs counter to that of the Bombay High Court. Although the case of Madan Lal Rungta v. Secy. to the Government of Orissa [1962] 3 Supp. S.C.R. 906 was not one which had been ....
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....PC, but their Lordship have no doubt that any application by a party to an Appellate Court, asking it to set aside or revise a decision of a subordinate Court, is an appeal within the ordinary acceptation of the term.... Similarly in Raja of Ramnad v. Kamid Rowthen and Ors. 53 I.A. 74. a civil revision petition was considered to be an appropriate form of appeal from the judgment in a suit of small causes nature. A full bench of the Madras High Court in P.P.P. Chidambara Nadar v. C.P.A. Rama Nadar and Ors. A.I.R. 1937 Mad. 385 had to decide whether with reference to Article 182(2) of the Limitation Act, 1908 the term "appeal" was used in a restrictive sense so as to exclude revision petitions and the expression "appellate court" was to be c....
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.... cause already instituted and does not create that cause. The appellate jurisdiction may be exercised in a variety of forms and, indeed, in any form in which the legislature may choose to prescribe. According to Article 1762 the most usual modes of exercising appellate jurisdiction, at least those which are most known in the United States, are by a writ of error, or by an appeal, or by some process of removal of a suit from an inferior tribunal. An appeal is a process of civil law origin and removes a cause, entirely subjecting the fact as well as the law, to a review and a retrial. A writ of error is a process of common law origin, and it removes nothing for re-examination but the law. The former mode is usually adopted in cases of equity ....
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....place the judgment of the lower court thus constituting the judgment of the High. Court-the only final judgment to be executed in accordance with law by the court below. In Chandi Prasad Chokhani v. The State of Bihar it was said that save in exceptional and special circumstances this Court would not exercise its power under Article 136 in such a way as to bypass the High Court and ignore the latter's decision which had become final and binding by entertaining an appeal directly from orders of a Tribunal. Such exercise of power would be particularly inadvisable in a case where the result might lead to a conflict of decisions of two courts of competent jurisdiction. In our opinion the course which was followed by the High Court, in the p....