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1 - 3 of 3 (0.16 seconds)Major S. S. Khanna vs Brig. F.J. Dillon on 14 August, 1963
In Major S.S. Khanna versus Brig. F.J. Dillon [AIR 1964
SC 497 = 1964 (4) SCR 409] this court considered the expression
"any case which has been decided' in sub-section (1) of Section 115
CPC and held that the expression 'case' is a word of comprehensive
import and includes civil proceedings other than suits and is not
restricted by anything contained in the said section to the entirety of
the proceeding in a civil court and to interpret the expression 'case'
as an entire proceeding only and not a part of the proceeding would
impose an unwarranted restriction on the exercise of powers of
superintendence by the High Court. This view of the High Court has
now been legislatively adopted by the parliament by introducing the
explanation to sub-section (1) of Section 115 CPC and, therefore, an
interlocutory order would be revisable. There is no doubt that present
order being an interlocutory order is revisable under Section 115, but
for exercising powers under this section by the High Court, the order
must satisfy one of the conditions mentioned in clause (a) and (b) of
the proviso.
The Code of Civil Procedure, 1908
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