revision
Supreme Court of India
Major S. S. Khanna vs Brig. F.J. Dillon on 14 August, 1963
Held :The High Court was right in setting aside the order
passed by the trial Judge and in holding that without
investigation as to the respective claims made by the
parties by their pleadings on the matters in dispute, the
suits could not be held as not maintainable. The decision
of the trial Judge affected the rights and obligations of
the parties directly. It was the decision on an issue
relating to the jurisdiction of the court to entertain the
suit filed by the respondent. The decision attracted cl.
(c) of s. 115 of the Code of Civil Procedure.
Per Sarkar and Shah, JJ. The expression "case" is a word of
comprehensive import. It includes civil proceedings other
than suits and is not restricted by anything contained in s.
115 to the entirety of the proceedings in a civil court. To
interpret the expression "case"as an entire proceeding
only and not a part of the proceedingwould be to impose
an unwarranted restriction on the exerciseof powers of
superintendence and may result in certain cases in denying
relief to the aggrieved litigant where it is most needed and
may result in the 'perpetration of gross injustice.
The High Court is not obliged to exercise its jurisdiction
when a case is decided by a subordinate court and the
conditions in cls. (a), (b) or (c) of s. 115 are satisfied.
Exercise of the jurisdiction is discretionary and the High
Court is not bound to interfere merely because the
conditions are satisfied. The interlocutory character of
the order, existence of another remedy to the aggrieved
party by way of appeal from the ultimate order or decree in
the proceeding or by a suit, and the general equities of the
case being served by the order made are all matters to be
taken into account in considering whether the High Court
even in cases where the conditions which attract the
jurisdiction exist, should exercise its jurisdiction.
Revisional jurisdiction of the high Court may be exercised
irrespective of the question whether ;an appeal lies thereto