KALIBALA AKHULI Vs. SAMBHU AKHULI

JUDGEMENT

(1.) A misc. case for pre-emption filed under section 8 of the west Bengal Land Reforms Act was being heard by the learned Munsif. The case was previously dismissed. An appeal was preferred and it was allowed. The case was sent back on remand. After the order of remand, the petitioners, who are the pre-emptors, put some questions to a witness and the same were disallowed. Then they filed an application for the purpose. It was rejected as not maintainable and it was ordered to be returned to the petitioners. Hence this revisional application

(2.) IT has been contended on behalf of the petitioners that by the amending Act of 1976, Sec. 115 of the code of Civil Procedure has undergone a radical change. Sec. 115 (1) says that High Court can exercise its powers of revision regarding "any case which has been decided". The explanation added by the amendment made in 1976 has defined the expression "any case which has been decided". That explanation expressly says that it "includes any order made, or any order deciding an issue, in the course of a suit or other proceeding. In the case of I. T. Commissioner, A. P. v. Tajmahal hotel in A. I. R. 1972 S. C. 168 at o. 170 it has been stated that the word 'includes' is often used in interpretation clauses in order to enlarge the meaning of the words or phrases occurring in the body of the statute. Since by that explanation the expression 'includes' has been intentionally used by the legislature, that has enlarged the meaning of the expression "any case which has been decided". In view of the enlarged meaning of such expression, the court will have no hesitation in stating that the order passed by the learned munsif is covered by the aforesaid words "any case which has been decided" and is accordingly revisable. In stroud's Judicial Dictionary, Fourth edition, Volume III, at PP. 1333 and 1334 it has been stated that the word 'include' is a word of extension and not of restrictive definition and it is generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute. When it is so used it must be construed as comprehending, not only such things as they signify according to its natural import, but also those things which the interpretation clause declares that the same shall include. If the order is allowed to stand, then it would mean another remand by the appeal court. In the case of, Tata Iron and steel Company v. Rajdrishi Exports, a. I. R. 1978 Orissa 179; it has been stated that by the explanation added to section 115 of the Code by the amending Act of 1976, the scope and ambit of revision has been widened and consequently the decision reported in A. I. R. 1970 S. C. 406 and some other decisions are no longer good law.

(3.) THE learned Advocate appearing on behalf of the opposite parties has referred to the provisions of Sec. 136 of the Indian Evidence Act, rule 11 of Order 18 of the Code of Civil Procedure. The case of A. Prodhan v. Bhramar Pal in A. I. R. 1978 Orissa 58 at p. 60 has been cited to show that the same Judge, who decided the case of Tata Iron and steel Company v. Rajarishi Exports (supra), has followed the case of Baldevdas shivlal v. Fillnistan Distributors in A. I. R. 1970 S. C. 406 and stated that where the court passes an order allowing a witness to be examined, no right or obligation of the parties in controversy has been decided and hence a revisional application is incompetent. The case of Sabitri Devi v. Baiklmtha, in A. I. R. 1979 Orissa 140 has been cited to show that by refusing to send a document to the hand-writing expert, the court does not adjudicate upon any right or obligation of the parties in controversy and hence no revision lies. Reference has also been made to the case of Monohar Lai v. . Valerior Private Limited in A. I. R. 1980 All. 327 for supporting that contention. If the present revisional application is allowed, then similar petitions might be filed by the parties in future and that will only protract the litigation, which has already become very old.