Section 4 in The Code of Civil Procedure (Madhya Pradesh Amendment) Act, 1984
4. Substitution of Section 115.
- For Section 115 of the Principal Act, the following section shall be substituted namely :-"115. Revision. - The High Court, in cases arising out of original suits or other proceedings of the value of twenty thousand rupees and above, and the District Judge in any other case may call for the record of any case which has been decided by any Court subordinate to such High Court or District Judge, as the case may be, and in which no appeal lies thereto, and if such subordinate Court appears-(a)to have exercised a jurisdiction not vested in it by law; or(b)to have failed to exercise a jurisdiction so vested; or(c)to have acted in the exercise of its jurisdiction illegally or with material irregularity;the High Court or the District Judge, as the case may be, make such order in the case as it thinks fit:Provided that in respect of cases arising out of original suits or other proceedings of any valuation, decided by the District Judge, the High Court alone shall be competent to make an order under this section :Provided further that the High Court or the District Judge shall not, under this section, vary or reverse any order including an order deciding an issue, made in the course of a suit or other proceedings, except where,-(i)the order, if so varied or reversed, would finally dispose of the suit or other proceeding; or(ii)the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.Explanation. - In this section, the expression "any case which has been decided" includes any order deciding an issue in tire course of a suit or other proceeding."
