BALDEVDAS VALLABHDAS Vs. DEVENDRAPRASAD

JUDGEMENT

(1.) THIS matter comes before us in the alternative by way of appeal or by way of revision with regard to an order passed by the District Court of Ahmedabad on an application for directions made to it in accordance with the provisions of a scheme framed by this Court in 1934 for the Swaminarayan temple at Ahmedabad. Put generally, the application by the petitioners was made in connection with objections which they had taken to certain items of the budget of the institution framed in 1940. The learned Judge held that the matters with respect to which they had come to him were matters falling within the compass of the scheme, and also that there was no reason for him to interfere on the merits. It is against this order that the parties have now come to the High Court.

(2.) REGARDED as an application in revision, it is clear that it does not come within the purview of Section 115 of the Code of Civil Procedure, since the scheme itself gives jurisdiction to the Court to hear matters of this sort and the petitioners themselves treated the Court as having jurisdiction in that they applied to the Court. It was within the jurisdiction of the learned Judge to decide the matters which he did decide, and it cannot be said that in exercising his jurisdiction he has been guilty of any material irregularity within the meaning of Section 115 or has in any way offended against any abstract rule of procedure.

(3.) WE think therefore that this matter fails both as an application in revision and as an appeal, and that it must be dismissed with costs. .