J.B. Koshy, J.

All these revision petitions are filed against interim orders passed in election petitions filed under S.87oftheKeralaPanchayatRaj Act, 1994. Short question to be considered in this order is whether a revision application will lie under S.115 of the Code of Civil Procedure against a non-appealable order passed by a Munsiffs Court in an election petition filed under S.87 of the Kerala Panchayat Raj Act.

2. It is contended that S.115 of the Code of Civil Procedure empowers that the High Court to call for the records of any case which has been decided by any court subordinate to such High Court. Since election petitions are decided by the Munsiffs Court which is subordinate to the High Court the revision application under S.115 C. P. C. will lie as against an interim order against which no appeal is provided. True scope of S.115 of the Code of Civil Procedure is explained by Supreme Court in Major S.S. Khanna v. Brig. F.J. Dillon (AIR 1964 SC 497), It was held that the word 'Case' used in S.115 will include not only suits but any proceeding in a civil court.

3. Chapter X of S.87 of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to 'the act) provides that 'No election shall be called in question except by an election petition presented in accordance with the provisions of this Chapter. S.88 deals with the Court competent to deal with the election petition is as follows: "

"88. The Court competent to try election petitions - The Court having jurisdiction to try and election petition shall be -

(a) in the case of a village panchayat, the Munsiffs Court having jurisdiction over the place in which the headquarters of the Panchayat is located; and

(b) in the case of a block Panchayat or district panchayat the District Court having jurisdiction over the place in which the head-quarters of the panchayat concerned is located.

(c) The Government shall, in consultation with the High Court notify the appropriate Courts in the Gazette".

It is contended that as per the provisions of S.88 of the Act, an election petition has to be filed in the Munsiffs Court having jurisdiction of the place in which the headquarters located. S.91 of the Act shows the contents of petition which is similar to plaint and it shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908. Ss.93, 94,100 and 101 of the Act etc. refers to 'court'. Therefore, it is contended that it is a Court giving under the subordinate to High Court and not a Tribunal.

4. S.94(1) provides as follows:

"Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) to the trial of suits".

Therefore, it was pointed out that the Code of Civil Procedure, 1908 (hereinafter referred to as C.P.C.) is applicable and Munsiffs Court is a Court as contemplated in S.115 of the C.P.C. S.113 of the Act provides that "Any person aggrieved by an order made by the Court under S.100 or S.101 may prefer an appeal, on any question of law or fact, (a) before the District Court on the decision of the Munsiff s Court. Therefore, only orders mentioned under S.113 are appealable. Interim orders passed are not appealable. Therefore, since these are orders passed by the Court subordinate to the High Court in which no appeal lies, revision petition can be filed under S.115 of the C.P.C.

5. This view is seriously opposed by the respondents. It is contended that even though election petitions under S.87 of the Act are filed in the Munsiffs Court, it is only a election Tribunal. Article 243-O of the Constitution bar interference by courts in electoral matters in the Panchayat. Art.243-O is as follows: 243-0. Bar to interference by Courts in electoral matters. -

"Notwithstanding anything in this Constitution, -

(a) the validity of any law relating to the delimit