BHORANIYA AHMAD ALIBHAI Vs. (M/S.) INDRAKANT SHANTILAL
LAWS(GJH)-1983-9-48
HIGH COURT OF GUJARAT
Decided on September 08,1983

Bhoraniya Ahmad Alibhai Appellant
VERSUS
(M/S.) Indrakant Shantilal Respondents

JUDGEMENT

- (1.) Under clauses (a) and (b) of Section 115 of the Code of Civil Procedure, if a subordinate court has jurisdiction to decide a question before it, it may decide it rightly or wrongly, whether question be one of law or fact; that would not bring the case within either of the two clauses of Section 115. It is only where the error of law or fact has relation to the jurisdiction of the subordinate court to try the dispute that the Section would be attracted. The words "illegality" and "material irregularity" in clause (c) do not cover either errors of fact or law. They do not refer to the decision arrived at but to the manner in which it is reached. The error contemplated relates to material defects of procedure and not to errors of either law or fact after the formalities which the law prescribes have been complied with. (ISS) Rule discharged.;


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