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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