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1998 Supreme(Kar) 325

H.N.TILHARI
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
THIBBEGOWDA – Respondent


Advocates:
S.P.SHANKAR

TILHARI, J.

( 1 ) HEARD Mr. S. P. Shankar.

( 2 ) THE first question which has to be satisfied by the court is whether the Motor accidents Claims Tribunal is a civil court for the purpose of section 115 of the Civil procedure Code. Section 115 reads as under:"115. Revision. 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, the High Court may make such order in the case as it thinks fit. "a reading of this section per se reveals that the revision lies from an order passed by the civil court subordinate to the High court, from which no appeal lies to the court, provided the order suffers from jurisdictional error. It further provides and ordains that after the above mentioned conditions are fulfilled unless it is shown that the order, if allowed to stand, may result in injustice and the party affected may be subjected to irrepar





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