KULDEEP SINGH Vs. S PRITHPAUL SINGH

JUDGEMENT

(1.) "The decision of the Subordinate Court on all questions of law and fact not touching its jurisdiction is final and, however, erroneous such decision may be, it is not revisable under Sub-sections (a) and (b) of Section 115, C.P.C. On the other hand, if by an erroneous decision on a question of fact or law touching its jurisdiction, e.g. on a preliminary fact upon the existence of which its jurisdiction depends, the subordinate Court assumes a jurisdiction not vested in it by law or fails to exercise jurisdiction so vested, its decision is not final, and is subject to review by the High Court in its revisional jurisdiction, under the sub-sections (a) and (b) of Section 115."

(2.) So is laid down by the Apex Court in case Rama Iyer v. Sundaresa Ponnapoondar.

(3.) The question is on which side of the line does the present case lie and whether the decision of the District Judge allowing amendment of the plaint is open to review-by this Court in its revisional jurisdiction. In order to ascertain the limited extent of this jurisdiction the examination of the circumstances in which the discretion was exercised by the trial court is warranted.