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1969 Supreme(Raj) 204

BHARGAVA, MODI, BHANDARI
Harakchand – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
L.R. Mehta, for Petitioners; B.C. Chatterji, Government Advocate, for Non-petitioner No. 1; H.N. Kalla, for Non-petitioner No. 4; Hastimal, for Non petitioner No. 5.

BHANDARI, C.J.—In the suit filed by Harakchand and others-plaintiffs the Additional District and Sessions Judge, Jalore refused to admit in evidence a document produced by the plaintiffs on the ground that the document was not registered. The plaintiffs have filed a revision application under sec. 115 of the Code of Civil Procedure challenging the order passed by the trial court. This revision application was placed for hearing before one of us sitting as a single Judge. A preliminary objection was raised that the order passed by the trial court cannot be revised under sec. 115 of the Civil Procedure Code. The learned Judge referred the case to the Division Bench after noticing the conflict of judicial opinion in this respect. The Division Bench has referred the matter to the Full Bench. In this way this case has come before us.

2. Sec. 115 of the Code of Civil Procedure runs as follows:

"115. 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 juris



























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