- (1.) Leave granted.
(2.) The right to approach the High Court under Arts. 226 or 227 of the Constitution or both is within the ambit of the right to avail constitutional remedies enshrined under Art. 32 of the Constitution. These are styled as extraordinary remedies because they are not part of the ordinary procedure prescribed for adjudication of dispute in the ordinary Courts of Law. The remedy of revision under Sec. 115 of the Code of Civil Procedure whereby the High Court is empowered to call for the record of any case which has been decided by any Court subordinate to it and in which no appeal lies thereto is an ordinary one empowering it to pass appropriate orders when the subordinate Court appears to have exercised a jurisdiction not vested in it by law or to have failed to exercise its jurisdiction illegally or with material irregularity. This remedy presupposes the cause having been in a Court subordinate to such High Court.
(3.) In these set of appeals the view expressed by the Delhi High Court has been questioned whereby petitions under Art. 226 of the Constitution were held by it to be not maintainable in the presence of the regular remedy available under Sec. 115, C.P.C. towards challenging the orders of the District Judge, Delhi passed under Sec. 169(1) of the Delhi Municipal Corporation Act. Few of these appeals are by the Municipal Corporation of Delhi and the remaining are by the tax-prayers. We treat them all as identical.;