O R D E R

This is about the maintainability of the Civil Miscellaneous Petition filed to re-open the above Civil Revision Petition, which has been reserved for orders..

2. The petitioner herein is the respondent in the Civil Revision Petition filed by the defendant. After the Civil Revision Petition was reserved for orders, the present petition is filed to re-open and to hear the respondent once again. Now, the maintainability of the petition filed to re-

open after the judgment reserved is being dealt.

3.Normally, the Civil Revision Petitions are filed before the High Court either by invoking the revisional jurisdiction of the High Court under Section 115 CPC or the supervisory jurisdiction of the High Court under Article 227 of Constitution of India.

4. For a better appreciation, it is appropriate to extract Section 115 CPC:

115. Revision : The High Court, in cases arising out of original suits or other proceedings of the value exceeding one lakh rupees, and the District Court, in any other case, including a case arising out of an original suit or other proceedings instituted before the commencement of the Code of Civil Procedure (Orissa Amendment) Act, 1991, may call for the record of any case which has been decided by any Court subordinate to the High Court or the District Court, as the case may be, 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 jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit [Provided that the High Court shall no, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where?

(a) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings, or (b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury tothe party against whom it was made.]

[(2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto.''

5. While exercising revisional jurisdiction, the High Court is expected to do adopt the procedure of calling for the records of a case which has been decided by any Court Subordinate to the High Court, where no appeal lies.

6. The supervisory power of the High Court is exercised under Art.227, when it appears that the Court below had exercised any error in jurisdiction or failure to exercise the jurisdiction or acted illegally with material irregularity.

7. While conducting the proceedings by virtue of Section 115 CPC and Article 227 of Constitution of India, the High Court does not need to conform to any specific procedure, like the procedure adopted by the Civil Courts while conducting the proceedings.

8. The distinction can be made better if reference to Order XVIII CPC is made. Order XVII C.P.C sets down the procedure under which a case should be heard before the Civil Court. The above provision is exhaustive and it lists down how opportunities should be granted to both sides and how a trial should be conducted and concluded. While hearing the suit and examining the witnesses in accordance with Order XVIII CPC, occasions may arise to re-open the examination of witnesses, after the trial was concluded and the case is shifted to the stage of arguments and rarely on such petitions the trial would pass order for re-opening. 9. If a suit has crossed the stage of arguments and stands posted for judgement, no petition to re-open the case, can be filed before the Civil Court also. In this context it is relevant to refer to the judgment of the Supreme Court rendered in Arjun Singh Vs. Mohindra Kumar and Ors and reported in [AIR 1964 SCC 993]. In the said