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1995 Supreme(Del) 916

LOKESHWAR PRASAD, R.C.LAHOTI
MUNICIPAL CORPORATION OF DELHI – Appellant
Versus
R. P. KHAITAN – Respondent


Advocates Appeared:
MADHU TEWETIA.

R. C. Lahoti, J.

( 1 ) THIS petition and a bunch of several others raise an important question of law at the very threshold : Whether a revision under Section 115 of the Code of Civil Procedure, 1908 lies against an order passed in appeal by the Court of Distt. Judge exercising jurisdiction under Section 169 of the Delhi Municipal Corporation Act, 1957? The question has several facets :-

(I) Whether the Distt. Judge exercising jurisdiction under Section 169 of the Delhi Municipal Corporation Act, 1957, acts as a civil court or as a Tribunal?

(II) Whether the appellate order under Section 169 abovesaid is amenable to revisional jurisdiction of High Court under Section 115 Civil Procedure Code or in other words whether the Distt. Judge acting under Section 169 abovesaid is a Court subordinate to the High Court within the meaning of Section 115 CPC?

(III) If a revision lies to the High Court against an appellate order made under Section 169 of the DMC Act, whether a person aggrieved can be allowed to by-pass the remedy of revision available to him and approach the High Court invoking its extraordinary writ jurisdiction?

( 2 ) WE have heard Mr. D. R. Mahajan, Ms. Madhu Tewatia and Ms. Anja































































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