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1927 Supreme(Lah) 200
Lahore High Court
Zafar Ali, J.
Sri Ram - Mahtab Singh - Appellant
Versus
Mahtab Hassan - Respondent
Decided On : 10-12-1927
JUDGMENT
Zafar Ali, J. - The Court below has set aside a decree that was passed in the absence of the defendant holding that it was an ex-parte decree under Order 17, Rule 2, Civil P.C. The plaintiff applies for revision of this order on the ground that the Court below had no jurisdiction to set aside the decree as it was a decree on the merits passed under Order 17, Rule 3, Civil P.C. Now there can be no manner of doubt that the Court had jurisdiction to determine the question whether the decree was passed under Order 17 Rule 2, or under Order 17 Rule 3, and having decided that question it cannot be said to have exercised a jurisdiction not vested in it even though it came to an erroneous conclusion. Their Lordships of the Judical Committee have laid down in Amir Hassan Khan v. Sheo Baksh Singh [1885] 11 Cal. 6 that it is settled law that where a Court has jurisdiction to determine a question and does determine that question, it cannot be said to have committed a material irregularity because it has come to an erroneous decision. I, therefore, see no reason for interference and dismiss this application for revision with costs.
