1991 Supreme(All) 98
ALLAHABAD HIGH COURT
B. P. JEEVAN REDDY, CJ., V. N. KHARE, V. N. MEHROTRA, JJ.
GANGA SARAN - Appellant
Versus
CIVIL JUDGE, HAPUR, GHAZIABAD - Respondents
C. M. W. P. 29012 Of 1990
Decided On : 01/25/1991
G.N.VARMA, S.A.Gilani
( 2 ) A Full Bench considered the meaning and effect of this provision in Jupiter Chit Fund (Pvt.) Ltd. v. Dwarka Diesh Dayal, AIR 1979 All 218. Insofar as it is relevnt for our purposes two principles enunciated in the Full Bench are:- (1) Against orders made in suits valued at less than rupees twenty thousand a revision lies only to the District Judge and against the orders of the District Judge in revision no revision lies to High Court. (2) Against an order made by the District Judge in an appeal no revision lies to the High Court provided the suit is valued at less than rupees twenty thousand. Both these aspects were affirmed by the Supreme Court in Vishesh Kumar v. Shanti Prasad AIR 1980 SC 892 and Sri Vishnu Awatar v. Shiv Awatar, AIR 1980 SC 1575 respectively. In Vishesh Kumar v. Shanti Prasad, the Supreme Court held that S. 115 as amended by U. P. Amendment Act assigns mutually exclusive jurisdiction to High Court and District Court and that recognising a revisional power in High Court over a revisional order passed by the District Judge would defeat the legislative scheme and object underlying it. In vishnu Awatar v. Shiv Awatar it was held that against an order of the District Judge made in appeal no revision lies to the High Court provided the suit is valued at less than rupees twenty thousand. This has been the well accepted law in this State. However, in a case arising from this State reported in Qamaruddin v. Rasul Baksh 1990 All WC 308 the Supreme Court disposed of the matter without noticing the U. P. amendment. It appears that by an unfortunate omission it was not brought to the notice of the Supreme Court that the said case was from U. P. and was governed by S. 115 as substituted by U. P. Amendment Act. The matter was disposed of as if it arises under S. 115 as enacted by the Central Legislature. The Supreme Court held that against an order made under O. 39 R. 1 and 2 an appeal lies under O. 43 R. 1 to the District Judge and the order of the District Judge on such appeal is amenable to the revisional jurisdiction of this Court u/ S. 115. In that