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2003 Supreme(Ker) 543

G.SASIDHARAN
Thilakan – Appellant
Versus
Kunhalankutty – Respondent


Judgment :-

1. The main question which arises for consideration is whether a revision will lie against the judgment in a civil miscellaneous appeal filed challenging the order made by the trial court in an application for temporary injunction.

2. S.115 of the Civil Procedure Code which deals with the revisional powers High Court is having was amended in 1976 and before the amendment there was no restriction on the powers of the High Court and any order made by any Court subordinate to it was liable to be revised if there was any of the circumstances mentioned in that section. The order of a subordinate Court should be revised by the High Court if the subordinate Court appeared to have exercised a jurisdiction not vested in it by law, or to have failed to exercise a jurisdiction so vested, or to have acted in exercise of its jurisdiction, illegality or with material irregularity.

3. By the amendment made in 1976 S.115 was divided into two sub-sections. Sub-s. (1) retained the provisions in the original S.115 and a proviso was also added to it. The proviso added was that the High Court shall not, under that section, vary or reverse any order made, or any order deciding an issue, in the


















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