Attau Rahman Masoodi, J. - (1.) Heard Sri I.M. Pandey, learned Counsel for the revisionist and Sri Sudeep Seth, learned Counsel for the respondent no. 6.
(2.) Having regard to the preliminary objection raised by Sri Sudeep Seth, learned Counsel, the Court passed the following order on 18.07.2016:- This revision filed under Section 115 Code of Civil Procedure has arisen out of a judgement and order dated 31.05.2016 passed in Civil Revision No. 57 of 2015. Sri Sudeep Seth learned counsel having put in appearance on behalf of respondent no.6 has raised a preliminary objection against maintainability of the present revision on the ground that an order passed in a revision by a competent subordinate court having jurisdiction to entertain the revisional proceeding cannot be subjected to the revisional jurisdiction of this court. To substantiate his submission, he has placed reliance upon the judgment rendered by the Apex Court reported in (1980) 2 SCC 378. Although notice to other respondents has yet not been issued but preliminary objection so raised deserves to be dealt with. Learned counsel for the revisionist prays for one day's time to prepare the matter. Put up tomorrow. Today when the revision was taken up, the Counsel for the revisionist does not appear to have improved the legal stand on the strength of any legal provision or on the strength of any authority rendered by this Court or by the Hon'ble Apex Court in contradiction to the judgement cited before this Court and noted in the order extracted above.
(3.) The only submission urged before this Court which was sought to be reiterated is with respect to the phrase 'other proceeding' used in Section 115 of the Code of Civil Procedure. Section 115 of the Code of Civil Procedure for ready reference is produced below:- 115. Revision. - (1) A superior court may revise an order passed in a case decided in an original suit or other proceeding by a subordinate court where no appeal lies against the order and where the subordinate court has- (a) exercised a jurisdiction not vested in it by law; or (b) failed to exercise a jurisdiction so vested; or (c) acted in the exercise of its jurisdiction illegally or with material irregularity; (2) A revision application under sub-section (1), when filed in the High Court, shall contain a certificate on the first page of such application, below the title of the case, to the effect that no revision in the case lies to the district court but lies only to the High Court either because of valuation or because the order sought to be revised was passed by the district court. (3) The superior court shall not, under this section, vary or reverse any order made except where,- (i) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceeding; or (ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it is made. (4) A revision shall not operate as a stay of suit or other proceeding before the court except where such suit or other proceeding is stayed by the superior court. ;