1991 Supreme(All) 98
V. N. KHARE, V. N. MEHROTRA, B. P. JEEVAN REDDY
GANGA SARAN – Appellant
Versus
CIVIL JUDGE, HAPUR, GHAZIABAD – Respondent
Advocates Appeared:
G.N.VARMA, S.A.Gilani
( 1 ) S. 115, C. P. C. has been substituted altogether by U. P. Amendment Act No. XXXI of 1978 with effect from 1-8-1978. The substituted provision reads as follows :"115. Revision.- The High Court, in cases arising out of original suits or other proceedings of the value of twenty thousand rupees and above, including such suits or other proceedings instituted before 1/08/1978, and the District Court in any other case, including a case arising out of an original suit or other proceedings instituted before such date, may call for the record of any case which has been decided by any court subordinate to such High Court or District Court, as the case may be, and in which no appeal lies thereto, and 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 or the District Court, as the case may be, may make such order in the case as it thinks fit : provided that in respect of cases arising out of original suits or other proceedings of any valuation, decided by the District Court,
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