Search Results Page

Search Results

1 - 2 of 2 (0.26 seconds)

Radha Mohan Datt, Silk Merchant vs Abbas Ali Biswas And Ors. on 3 February, 1931

In Radha Mohan Datt v. Abbas Ali Biswas A.I.R. 1931 All 294 at p. 382, when the Full Bench was considering the soope of Section 115, Civil P.C., it was observed that the section itself provides that revision is not entertainable where an appeal lay to the High Court and this provision clearly contemplated a case where no appeal lay either in the form of a first appeal or a second appeal from a decree or from an interlocutory order under Section 104 and Order 43, Civil P.C. The above authorities make it quite clear that no revision lies from the decree dated 20th August 1931.
Allahabad High Court Cites 11 - Cited by 28 - Full Document

Lila vs Mahange And Ors. on 10 July, 1931

The case in Lila v. Mahange A.I.R. 1931 All. 632, was also brought to our notice, but that again has not much application to the facts of the present case and, if anything, goes against the contention of the applicants, because it was held therein that as a matter of practice it may be conceded that ordinarily the High Court would not interfere if another convenient remedy is open to an applicant, particularly when that remedy is by way of appeal to a lower Court, but the learned Judges observed that it could not be laid down as a general proposition that the High Court had no power of interference at all or should not interfere where there was another remedy by way of a suit open to the applicant. It would thus appear that we could not interfere in revision and set aside the ex parte decree dated 20th August 1931. For the reasons given above, we dismiss this application with costs.
Allahabad High Court Cites 6 - Cited by 11 - Full Document
1