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TMI Blog1991 (1) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... ercise a jurisdiction so vested; or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity; the High Court or the District Court, as the case may be, may make such order in the case as it thinks fit : Provided that in respect of cases arising out of original suits or other proceedings of any valuation, decided by the District Court, the High Court alone shall be competent to make an order under this section : Provided further that the High Court or the District Court shall not under this section, vary or reverse any order including an order deciding an issue, made in the course of a suit or other proceeding, except where - (i) The order, if so varied or reversed, would finally dispose of the suit or other proceedings; or (ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. Explanation.-- In this section, the expression 'any case which has been decided' includes any order deciding an issue in the course of a suit or other proceedings. 2. A Full Bench considered the meaning and effect of this provision in Jupiter Chit Fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... how the High Court entertained the writ petition under Art. 226 of the Constitution for issuing a writ of certiorari and mandamus. When a suit is filed before a Civil Court having jurisdiction to entertain the same it may issue interim injunction and the party aggrieved may pursue its remedy before the Appellate Court and if it is further aggrieved it may invoke the revisional jurisdiction of the High Court under the Code of Civil Procedure. Ordinarily an interlocutory order passed in a civil suit is not amenable to extraordinary jurisdiction of the High Court under Art. 226 of the Constitution. More so when the aggrieved party has not exhausted the remedy available to it under the Code of Civil Procedure. The High Court in the instant case failed to realise that the defendant respondents had not approached the High Court u/S. 115 of the Code of Civil Procedure. The question whether an interim injunction should be granted or not is discretionary in nature, although the exercise of discretion is regulated by the principles set out in O.39, Rules 1 and 2 of the Code of Civil Procedure. If the order of injunction is passed by a competent court having jurisdiction in the matter, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o questions framed by us are : 1. Whether the judgment of the Supreme Court reported in Qamruddin v. Rasut Baksh 1990 AWC 308has the effect of overruling the Full Bench decision of this Court in Jupiter Chit Fund (P) Ltd. v. Dwarka Diesh as affirmed by the judgment of the Supreme Court in Vishesh Kumar v. Shanti Prasad) and Sri Vishnu Awatar v. Shiv Autar. 2. Whether a writ lies against a civil Court's decision ? In short whether an appellate order passed by the District Court or an order passed by it in exercise of its revisionary power conferred upon it by S. 115, S.P.C. (As amended by U.P. Amendment Act, 1978) is amenable to writ jurisdiction of this Court? 6. With respect to the first question the decision of Supreme Court in the case of Qamaruddin which is later decision on one hand and decisions in Vishesh Kumar v. Shanti Prasad (Supra) and Vishnu Awatar v. Shiv Awatar (Supra) which affirm the decision of this Court in Jupiter Chit Fund (Pvt) Limited v. Dwarka Diesh (Supra) would show that there is a direct conflict on the question of maintainability of revision in High Court u/S. 115, C.P.C. Both the judgments of the Supreme Court are by a bench consisting of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le, the courts must follow the judgment which appear to them to state the law accurately and elaborately. We are in respectful agreement with the view expressed by the Full Bench of Punjab Haryana High Court in the case of M/s Indo Swiss Time Limited v. Umrao (Supra) especially when the Supreme Court while deciding Qamaruddin's case 1990 AWC 308 (Supra) did not notice the U.P. amendment to S. 115, C.P.C. and earlier decision of the Supreme Court. In the light of the view expressed in this case it is to be examined as to which of the case decided by the Supreme Court lays down the law accurately. As noticed earlier the U.P. Amendment Act No. XXXI of 1978 amended S. 115 of Code of Civil Procedure. By virtue of this amendment, revision u/S. 115, S.P.C. did not lie to the High Court against the appellate or revisional order passed by the District Court where the valuation of the suit is less than ₹ 20,000/-. This amendment came up for consideration in M/s Jupiter Chit Fund (Pvt) Ltd. v. Dwarka Diesh (FB) (Supra) and it was held that S. 115, C.P.C. as amended by U.P. Amendment Act assigns mutually exclusive jurisdiction to the High Court and district Court. This full bench d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the High Court under Art. 226 of the Constitution, no doubt is based upon recognised principle taken into consideration by the Court in refusing the writ. In our opinion, this view of the Supreme Court in Qamaruddin's case is based on assumption that a revision u/S. 115, C.P.C. to High Court is maintainable and the party aggrieved can invoke revisional jurisdiction of the High Court. But in a situation where a revision is barred against the appellate or revisional order passed by the district courts and the said order suffers from patent error of law and further causes manifest injustice to the party aggrieved, can it be said that such an order is not amenable to extra-ordinary juris- diction of the High Court under Art. 226 of the Constitution, in our opinion, although every interlocutory order passed in a Civil Suit is not subject to review under Art. 226 of the Constitution but if it is found from the order impugned that fundamental principle of law has been violated and further such an order causes substantial injustice to the party aggrieved, the view taken by the Supreme Court in Qamaruddin's case (supra) will not preclude such a writ being issued by the High Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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