RAMADA HOTELS INDIA LIMITED Vs. SUNRISE EMPORIUM

JUDGEMENT

(1.) I see no merit in this revision.

(2.) UPON hearing learned counsel at length and perusing the records I am of the view that the impugned Order dated 1st December, 1994 does not suffer from any error or illegality deserving unsettlement or modification by this Court in discharge of its revisional authority.

(3.) THE exercise of powers under section 115 of the Civil Procedure Code cannot affect any error of law or fact other than the one which involves jurisdictional error. The mere wording of the aforesaid section 115 gives a clear indication that the High Court in the discharge of such powers can interfere only when it appears that the Court below has exercised jurisdiction not vested in it by law or has failed to exercise jurisdiction so vested or has acted in exercise of jurisdiction illegally or with material irregularity. Being so the question of Court interfering with the findings of fact or law recorded by the courts below when such error or jurisdiction is not to be seen or the exercise of jurisdiction has been discharged by the courts within the frame of law and according to the proper procedure does not even arise.