LAWS(APH)-2011-2-20

MASINA SRIRAMULU Vs. PASAGADAGULA PYDAIAH

Decided On February 11, 2011
MASINA SRIRAMULU Appellant
V/S
PASAGADAGULA PYDAIAH Respondents

JUDGEMENT

(1.) THE power of the revisional Court is the primary consideration in this case. Indeed, other important questions of law have arisen for consideration. But, especially the preliminary question as to the powers of the revisional Court under Section 115 of the Code of Civil Procedure ('CPC, for short) would arise in this case.

(2.) THIS revision arises from the judgment in A.S.No.59 of 2004 on the file of the III Additional District Judge, Kakinada, which in turn is an appeal from the judgment and decree in O.S.No.607 of 1999 on the file of the Principal Junior Civil Judge, Kakinada. Section 102 CPC proscribes a second appeal from any decree when the subject matter of the original suit is for recovery of money not exceeding Rs. 25,000/-. The value of the suit laid by the plaintiff before the trial Court was Rs. 11,500/-. As such, a second appeal would not lie in view of Section 102 CPC. The plaintiff laid the present revision on the ground that u/s.115 CPC, a revision would lie when no appeal lies from an order of a Court subordinate to the High Court.

(3.) SECTION 115 CPC has a long legislative history. It would appear that the Code of Civil Procedure, 1859 did not contain any provision relating to the revisional jurisdiction. When High Courts were constituted at the 3 Presidency Towns under the Charter Act, 1861, the 3 High Courts were conferred the power of superintendence over Courts subordinate thereto. The revisional jurisdiction of the 3 High Courts was confined to (a) failure to exercise jurisdiction and (b) exercising of jurisdiction, which did not vest in the subordinate Court, subjecting those questions alone to the revisional jurisdiction of the High Court. Subsequently, another clause relating to the exercise of the jurisdiction illegally or with material irregularity by the subordinate Court was included within the revisional jurisdiction by Amendment Act, 1879. When the Code of Civil Procedure, 1882 was enacted. SECTION 622 provided for the revisional jurisdiction which verbatim was incorporated as SECTION 115 of the present Code of Civil Procedure, 1908.