LILA Vs. MAHANGE

JUDGEMENT

(1.) This is a civil revision from an order of the District Judge of Shahjahanpur dismissing the applicant's objection to an order passed by him under Section 195, Succession Act. The learned Judge admits that in his order there was no mention of this points referred to in Section 193 of the Act and it also appears that there were no clear findings on the point as referred to in Section 193 and Section 195. The learned Judge is inclined to think that the very fact that he passed the order under Section 195 showed that he had satisfied himself of the necessary requisites.

(2.) The applicant came up in revision to this High Court and urges that without the proper inquiry and without the necessary findings the order of the District Judge was without jurisdiction and that, in any case, it was illegal or at any rate there was a material irregularity in the procedure.

(3.) A preliminary objection is taken on behalf of the respondents that no revision lies inasmuch as another remedy is open to the applicant. Reliance is placed on a number of oases of this Court relating to revisions from orders passed under Section 9. Specific Relief Act, and it is urged that the same analogy applies: see Jwala V/s. Ganga Prasad [1908] 30 All. 331, and Ram Kishan Das V/s. Jai Kishan Das [1911] 33 All. 647; see also Birj Gopal V/s. Dhapi Bai . It is further pointed out that Section 209 of the Act makes the order of the District Judge final, and it is urged that it implies that it should not be interfered with in revision. Certain, other oases also are cited to the effect that no revision at all lies when another remedy is open to the aggrieved party.