Sec. 115 of Code of Civil Procedure, 1908 : Supreme Court's Important View on the Section

Sec. 115 of Code of Civil Procedure, 1908 : Supreme Court's Important View on the Section 

An important Judgment was passed by Hon'ble Supreme Court on 26 April 1965. 

It has been commented in Pandurang Dhoni Chougule vs. Maruti Hari Jadhav [1965] GCtR 3052 (SC) thus : - 

"The provisions of Section 115 of the Code have been examined by judicial decisions on several occasions. While exercising its jurisdiction under Section 115, it is not competent to the High Court to correct errors of fact however gross they may, or even errors of law, unless the said errors have relation to the jurisdiction of the court to try the dispute itself. As clauses (a), (b) and (e) of Section 115 indicate, it is only in cases where the subordinate court has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity that the revisional jurisdiction of the High Court can be properly invoked. It is conceivable that points of law may arise in proceedings instituted before subordinate courts which are related to questions of jurisdiction. It is well settled that a plea of limitation or a plea of res judicata is a plea of law which concerns the jurisdiction of the court which tries the proceedings. A finding on these pleas in favour of the party raising them would oust the jurisdiction of the court, and so, an erroneous decision on these pleas can be said to be concerned with questions of jurisdiction which fall within the purview of Section 115 of the Code. But an erroneous decision on a question of law reached by the subordinate court which has no relation to questions of jurisdiction of that court, cannot be corrected by the High Court under Section 115." 

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

https://main.sci.gov.in/daily-order

Then entering the date of Judgment, for example, as 26 April 1965.

Written by 

Vishal

Delhi

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