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1988 Supreme(AP) 195

S.S.M.QUADRI
KALASAPATHI OBAIAH – Appellant
Versus
TONDERMALLA VEUKATAMMA – Respondent


S. S. M. QUADRI, J.

( 1 ) THIS Civil Revision Petition by the plaintiff is directed against tho order, dated, January 20, 1988 passed by the learned District Munsif, giddalur holding that document No. 1, dated. 5-9-1979, sought to be marked in evidence by the plaintiff, is a sale deed and that being an unregistered document it is inadmissible in evidence.

( 2 ) THE short question that falls for consideration is whether the order under revision is a case decided within the meaning of Section 115 CPC.

( 3 ) SECTION 115 of the Code of Civil Procedure is in the following terms :"sec. 115 C. P. C. : (1) The High Court may call for the record of any case which has been decided by any court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears : (a) to have exercised a jurisdiction not vested in it by law; or (b) to have failed to exercise a jurisdiction so vested; or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity. "

( 4 ) IT is seen that the power conferred by this Section to call for the records and revise an order is available only when a case is decided by a court subordinate to the High C





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