DWARKA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) SINHA, J. 1. The plaintiffs are the petitioners, and the application in revision has been filed, under Section 115, Civil P. C., against an order of the learned Munsif, dated 24-5-1952, allowing an application under Order 9 Rule 13, Civil P. C., for setting aside an 'ex parte' decree dated 30-11-1951.

(2.) THIS case was first heard by a single Judge, and it has been referred to a larger Bench because certain authorities of this Court had held that an erroneous decision of the court below on the ques-tion of limitation was not revieabie by this Court nder Section 115 of the Code.

(3.) IT is now well established that, under this section, this Court can only interfere if the subordinate Court has usurped jurisdiction or has denied jurisdiction, and also if the Court below, while acting within jurisdiction, has acted illegally or, in other words, has acted in breach of some provision of law, or when it has acted with material irregularity, that is to say, has committed some error of procedure which materially affected the decision on merits.