CHINNASAMI PILLAI ALIAS MUTHUKARRUPPA PILLAI Vs. POWAYEE AMMAL

JUDGEMENT

(1.) A preliminary objection is taken that the High Court should not interfere under Section 115 of the Civil Procedure Code in a case of this kind. That was the view taken by Phillips, J., in Acha V/s. Sankaran 95 Ind. Cas. 424 : (1926) M.W.N. 444 : 50 M.L.J. 497 : 23 L.W. 752; A.I.R. 1926 Mad. 768. No doubt, other Judges of this Court have taken a different view, but, with all respect, I prefer to follow Phillips, J. Petitioner has other remedies open to him and it is, I think, no answer to say that the appropriate remedy is more cumbrous than that he seeks to obtain by way of revision.

(2.) Assuming that I can interfere in such a matter in revision, I am unable to sea how any question of jurisdiction arises.

(3.) The lower Court may be wrong, but it had jurisdiction to pass the order it did. The petition is dismissed with costs.