AIR 1949 PRIVY COUNCIL 239

Privy Council

(From Calcutta)

Hon'ble Judge(s): Lord Porter, Lord Macdermott, Sir John Beaumont , JJJ

(A) Civil P.C. (5 of 1908) , S.109(a), S.109(c)— Orders passed in revision-S.109(c) and not (a) applies. Orders passed in revision do not fall within S.109(a). But S.109(c) is wide enough to cover an appeal from an order made in revision.(Para 10) Annotation : ('44-Com.) C.P.C., S.109 N. 5 Pt. 18; N. 10. (B)** Civil P.C. (5 of 1908) , S.115— Erroneous decision of subordinate Court resulting in exercise of jurisdiction not vested by law or failure to exercise jurisdiction vested-High Court can interfere under S.115(a) or (b) : 49 All 454=AIR (14) 1927 All 358=100 IC 638 and 9 Bom 432, OVERRULED. Although error in a decision of a subordinate Court does not by itself involve that the subordinate Court has acted illegally or with material irregularity so as to justify interference in revision under sub-s. (c), nevertheless, if the erroneous decision results in the subordinate Court exercising a jurisdiction not vested in it by law or failing to exercise a jurisdiction so vetted a case for revision arises under sub-s. (a) or sub-s. (b), and sub-s. (c), can be ignored: 11 Cal 6 (PC) and AIR (4) 1917 PC 71, Rel. on ; 49 All 454=AIR (14) 1927 All. 358=100 IC 638 and 9 Bom. 432, overruled.(Para 11) An appl....