RAM SARAN Vs. RAMU
LAWS(RAJ)-1952-1-10
HIGH COURT OF RAJASTHAN
Decided on January 24,1952

RAM SARAN Appellant
VERSUS
RAMU Respondents

JUDGEMENT

- (1.)THIS is a revision against the order of the Munsif, Sawai Jaipur dated the 17th October, 1951- According to the grounds of revision the plaintiff filed a suit for recovery of Rs. 426/- against the defendant for wrongfully cutting a number of trees from the field of the plaintiff and taking away certain quantity of grass. The defendant raised a plea that the suit was triable in the Civil Court. The learned Munsif by his order dated the 17th October, 1951 held that the plaintiff failed to show that the suit was triable by the Civil Court. He accordingly ordered that the plaint be returned for presentation in the proper court. The plaintiff has come in revision.
(2.)THE order challenged is open to appeal under Order 43 Rule 1 Clause (a) of the Civil Procedure Code. It is not mentioned in the grounds of revision why the plaintiff did not avail of that remedy. That the High Court has jurisdiction to call for the record of any case decided by the subordinate court under sec. 115 of the Civil Procedure Code is correct but the general rule is that this special and extraordinary power will not be exercised in revision for interference when the applicant had a remedy open to him which he has not pursued. THE plaintiff having failed to pursue the remedy by way of appeal, this revision cannot be entertained and is hereby dismissed. .


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