( 1 ) ON a reference the following question came before a Division Bench (S. B. Sen and Kaina, JJ.) for decision

"whether the Claims Tribunal constituted under Section 110 of the Motor vehicles Act is a Civil Court and a revision petition would lie under section 115, Civil Procedure Code,' against an order passed by it in the course of proceedings before it?"

There was a difference of opinion between my learned Brothers S. B. Sen. J. , and raina, J. Hence the case has, been placed before me. Sen, J. , has held that the claims Tribunal is a 'civil Court' and a revision under Section 115 of the Code of civil Procedure lies against its orders, while Raina, J. has taken a contrary view. On careful consideration of the whole matter I am inclined to agree with the conclusion reached by Sen, J. My reasons for agreeing with Sen, J. are these.

( 2 ) UNDER Section 115 of the Code of Civil Procedure the High Court is empowered to send for the record of any Court subordinate to it and may make such order in the case as it thinks fit if certain conditions specified in the section are satisfied. The revisional power of the High Court thus depends on two conditions, namely, (i) that the o