Sharma, a resident of Delhi, filed a revision petition before the Delhi High Court challenging an order passed by the subordinate court in a property dispute case. The order had gone against him, as instead of filing app

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
Sharma, a resident of Delhi, filed a revision petition before the Delhi High Court challenging an order passed by the subordinate court in a property dispute case. The order had gone against him, as instead of filing appeal before appellate court, he sought relief under section 115 of the Civil Procedure Code (CPC). Sharma has been embroiled in a property dispute for several years. Frustrated by the delays and complexities of the traditional court system, he seeks a more efficient resolution to his case. Upon hearing about the e-Courts Project, Mr. Sharma decides to explore its services. The e-Courts Project was conceptualized on the basis of the "National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary - 2005" submitted by e-Committee, Supreme Court of India with a vision to transform the Indian Judiciary by ICT enablement of Courts. The e-Courts Mission Mode Project, is a Pan-India Project, monitored and funded by Depatment of Justice, Ministry of Law and Justice, Government of India for the District Courts across the country. Furthermore, Sharma had advanced a sum of ₹ 5 Lakh to Mr. T on 1st November 2023, with an agreed rate of interest @12 percent per annum and repayment within three months. He recovered ₹ 5 Lakh with in time from T but could not recover the agreed interest even after repeated reminders. He wants to file suit against T for recovery of interest. Based on the facts of the above case study, answer the following questions: What are the grounds upon which the High Court can intervene in revision proceedings ? Whether it can interfere, if it differs from the conclusions of the subordinate court on questions of fact or law ?

Answer & Explanation:

Section 115 of the Code of Civil Procedure, 1908(CPC) empowers the High Court to satisfy itself upon three matters, viz., (a) that the order of the subordinate court is within its jurisdiction; (b) that the case is one in which the court ought to exercise jurisdiction; and (c) that in exercising jurisdiction the court has not acted illegally, that is, in breach of some provision of law, or with material irregularity. If the High Court is not satisfied upon those three matters, it can interfere with the order of the subordinate courts. If the High Court is satisfied upon those three matters, it does not interfere because it differs, however profoundly, from the conclusions of the subordinate court upon questions of fact or law. The High Court will not interfere with an incorrect decision of the lower court where there is no question of lack of jurisdiction or material irregularity in procedure. Where, there is a willful disregard or conscious violation of a rule of law or procedure the case is one of material irregularity calling for interference in revision. Further, as per section 115(1) of CPC, the High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto along with the satisfaction of the Court on above mentioned three matters. In view of the above, it can be said that if appeal does not lie from the order the court can interfere with the decision of subordinate court. But if "the appeal lies from the order", the court should not interfere with the decision of subordinate court.

Topics: Civil Procedure Code (CPC)

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