BHORANIYA AHMAD ALIBHAI Vs. (M/S.) INDRAKANT SHANTILAL
HIGH COURT OF GUJARAT
Bhoraniya Ahmad Alibhai
(M/S.) Indrakant Shantilal
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(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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