D.STELLABAI Vs. D.KANAGARAJ

JUDGEMENT

(1.) HEARD the learned counsel for the revision petitioner, who would echo the heart burns of his client to the effect that the plaintiff in O.S.No.684 of 2012 simply filed the suit seeking the following relief: "to divide the suit properties into 3 equal shares and to allot one such share to the plaintiff and to direct the 1st defendant to render accounts in respect of the collection of income from the suit properties from the date of plaint till passing of final decree and for costs." ignoring an earlier preliminary decree as well as final decree passed as against him. In fact, in earlier proceedings, he filed an application under Section 5 of the Limitation Act in getting the delay condoned in filing the application to get the exparte preliminary decree set aside, but, that was dismissed. As against that dismissal order, a revision was filed before the High Court. That revision was also dismissed. Against that dismissal order a review application was also filed and that was also dismissed.

(2.) HAVING made successive attempts in the prior suit for setting aside the exparte preliminary decree, the respondent herein chose to file O.S.No.684 of 2012 with the aforesaid, warranting interference, under Article 227 of the Constitution of India.

(3.) The aforesaid clause (b) stands omitted. The question is about the constitutional powers of the High Courts under Article 227 on account of omission made in Section 115 of the Code. The question stands settled by a decision of this Court in Surya Dev Rai v. Ram Chander Rai holding that the power of the High Court under Articles 226 and 227 of the Constitution is always in addition to the revisional jurisdiction conferred on it. Curtailment of revisional jurisdiction of the High Court under Section 115 of the Code does not take away and could not have taken away the constitutional jurisdiction of the High Court. The power exists, untrammelled by the amendment in Section 115 and is available to be exercised subject to rules of self-discipline and practice which are as well settled." As such in certain circumstances, if at all the party concerned could make out a case under Article 227 of the Constitution of India, then he could petition the High Court invoking the said provision of law."