J&K CO-OPERATIVE BANK LTD Vs. SHAMS-UD-DIN BACHA

JUDGEMENT

(1.) THIS is an appeal against an order passed by Jalal -ud -din J. Sitting singly exercising jurisdiction under section 115 of the Code of Civil Procedure read with Section 104 of the Constitution of Jammu and Kashmir.

(2.) MR . Raina appearing for the respondent has raised a preliminary objection that the appeal is not maintainable. In support of his objection, the learned counsel for the respondent has submitted that no appeal under the Letters patent lies from an order made under the revisional jurisdiction exercised by a Single Judge of the High Court under section 115 of the Code of Civil Procedure or from an order made by him in exercise of his supervisory jurisdiction under Section 104 of the Constitution of Jammu and Kashmir In our opinion the contention raised by Mr. Raina is well founded.

(3.) A perusal of Section, 104 clearly shown that the power of superintendence and control over the subordinate courts conferred on the High Court is merely in the nature of a supervisory jurisdiction. This Section corresponds to Article 227 of the Constitution of India as held in a Full Bench decision of this court reported in AIR 1967 J&K, 99. It has been consistently held in a number of cases that the jurisdiction conferred by this provision is not an original jurisdiction.