MOHD. AKBAR KHAN Vs. JASWANT RAO

JUDGEMENT

(1.) THIS is an application in revision under Section 115, Code of Civil Procedure The suit is still pending decision in the Court of the learned Munsiff of Parbhani. The complain is about the nature of the issues framed by him. It is said that the learned Munsiff has cast the issues wrongly inasmuch as he placed the burden of proof On the applicant without justification.

(2.) THE first point which has to be considered in this case is whether in wrongly casting the burden of proof on the applicant, the learned Munsiff can be said to have committed an error of jurisdiction within the meaning of Section 115, Code of Civil Procedure The Section , it is well known, is the definitive of the scope within which the revision power of a High Court can be exercised. As observed by their Lordships of the Privy Council in - Balakrishna Udayar v. Vasudeva Aiyar, AIR 1917 PC 71 (A), the Section applies to jurisdiction alone. It is not directed against conclusions of law or fact in which the question of jurisdiction is not involved. Once it is conceded that Court had the requisite jurisdiction to decide the matter, it is wholly immaterial for the purpose of the Section whether the decision is right or wrong on merits. Reference in this connection may be made to the well -known passage in the pronouncement of Lord Hobhouse in - Malkarjun v. Narhari, 27 Ind App 216 (PC) (B):

(3.) IN the present case, I can find no justification for holding that there is any irregularity in the exercise of jurisdiction. I regret therefore, I am unable to admit this application