JAGMANSINGH Vs. HEMSINGH

JUDGEMENT

(1.) This order shall govern the question of maintainability of this Civil Revision (No.1041 of 1984) as well as Civil Revision Nos.1043/84, 837/84, 28/84, 924/84, 895/84, 925/84, 1033/84, 1037/84, 965/84, 1036/84 and 10/85, filed after 14-8-1984 arising out of orders passed by the Judges of Courts of District Judge in Miscellaneous Civil Appeals preferred from appealable orders passed by the Courts of Civil Judge, Class I and Class II in suits of valuation of less than Rs.20,000/-. It shall also govern C.R.No.990/84 in which an appellate decree in which no second appeal lies in view of Sections 96(4) and 102 of the Code of Civil Procedure is sought to be revised.

(2.) The counsel have been heard on admission of these civil revision petitions in which the point mooted was whether these revision petitions (filed in the High Court after 14-8-1984) are maintainable in the wake of the amendment brought about in Section 115 of the Code of Civil Procedure, 1908, by the Code of Civil Procedure (M.P. Amendment) Act '84 (No.29 of '84), which came into force on 14-8-84. The relevant portion of amended provision runs as follows : - The High Court in cases arising out of original suits or other proceedings of the value of twenty thousand rupees and above, and the District Judge in any other case may call for the record of any case which has been decided by any Court subordinate to such High Court or Distt. Judge as the case may be and in which no appeal lies thereto, and if such subordinate Court appears - a) to have exercised a jurisdiction not vested in it by law; or b) to have failed to exercise a jurisdiction so vested, or c) to have acted in the exercise of its jurisdiction illegally or with material irregularity. the High Court or the Distt. Judge as the case may be make such order in the case as it thinks fit. Provided that in respect of cases arising out of original suit or other proceedings of any valuation decided by the Distt. Judge the High Court alone shall be competent to make an order under this section."

(3.) On a reference made by me, a Division Bench of this Court in C.R.No. 942/84(G) (reported in 1985 Cur Civ LJ 91), Gayaprasad v. Deepchand, held on 14-11-1984 its opinion as follows :