Bijitendra Mohan Mitra, J. - (1.) This appears to be a composite application under a misapprehension being one under Section 25 of the Provincial Small Causes Courts Act read with Section 115 of the Civil Procedure Code. The learned Advocate appearing in support of the petition has conceded before this Court that the application in such a composite manner will not lie and it is well settled now that the High Court is conferred with the revisional power under Section 25 of the Provincial Small Couses Courts Act.
(2.) The said revisional application is directed against the judgment and order passed by the learned Judge, Small Causes Court in S. C. C. Suit No. 887 of 1983.
(3.) At the very outset before touching on the factual score of the conspectus of controversy it is salient to succinctly pin-point the law on the subject as powers of the High Court under Section 25 of the Provincial Small Causes Courts Act are wider in scope than the powers of the High Court under Section 115 of the Code of Civil Procedure. High Court has the power to exercise discretion to set aside the judgment of the Court of Small Causes, if it causes injustice to the parties. The provisions of Civil Procedure Code cannot have over riding effect on the provisions engrafted in Section 25 of the Provincial Small Causes Courts Act. High Court can exercise its power of revision, if a suit is decided by the Small Couses Courts Act. To stop any possibility of miscarriage of justice the expression "according to law" on the basis of which the revision under Section 25 of the Provincial Small Causes Courts Act lies is actually the limit of the exercise of the powers by the High Court and beyond it the jurisdiction of the High Court ceases. The term "according to law" includes within its ambit several factors and High Court has wide powers in revision to set aside the trial Court order, if it is not in accordance with law and also the facts are otherwise on the face of it recorded by the Trial Court are perverse. The revisional powers of the High Court can be exercised to cure gross mistake of the Trial Court and particularly, those relating to error resulting in miscarriage of justice.;