M C MADHURA Vs. BHARATIYA VIDYA BHAVAN

JUDGEMENT

(1.) This revision petition is directed against the order dated 7-9-1977 passed by the Principal Munsiff, Bangalore, in O.S. No. 3046 of 1972 on his file holding that certain documents produced by P.W. 3 were inadmissible and irrelervant.

(2.) At the very out-set, an objection was raised to this revision petition by the learned counsel for the respondent stating that an order passed by the trial Court holding that the documents were irrelevant and inadmissible in evidence, would not amount to a case decided and, therefore, no revision lies to this Court.

(3.) It is needless for me to point out that in order to exercise jurisdiction under S. 115 of the C.P.C, there must have been a case decided by the subordinate Court. The case must be one in which no appeal lies and further the subordinate Court must have, jn the decision of the case, exercised the jurisdiction not vested in it by law or failed to exercise its jurisdiction vested in it by law or, having assumed jurisdiction, it must have acted in excess of this jurisdiction illegally or with material irregularity. It is only in these circumstances that this Court gets jurisdiction to interfere with the impugned order sitting in Revision. It is not every illegal order that is passed by the subordinate Court that this Court can interfere in revision. It may further be mentioned that the revisional powers are to be exercised by this Court in its discretion, to bring about substantial justice.