Law: Civil Procedure Code (V of 1908)

Section: S.115,O.XVIII,XX,R.5,8,14

Law: Specific Relief Act, 1877

Section: 12

(a) Civil Procedure Code (V of 1908)--- ----O. XVIII, Rr. 8 & 14---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of contract---Examination of witnesses---Memorandum---Scope---Memorandum, when evidence was not recorded by the Judge---Procedure---Local Commission while recording evidence of witnesses of defendants did not perform his job honestly---Replies of said witnesses during cross-examination were recorded against the gist as well as substance of statement-in-chief---Court was bound to follow the law and proceed with the trial as per procedure laid down in C.P.C.---If Judge was unable to make memorandum then he should record reasons of his inability to record evidence---Memorandum so made should form part of record of the Court---Oral evidence, in the present case, was recorded by the Local Commission but same was not signed or sealed by the Judge---Agreement to sell having been scribed on the plain paper was received in evidence---Trial Court was bound to impound the said agreement---Trial Court had acted in perfunctory manner---Evidence recorded without following the mandatory procedure could not be treated as part of record of the suit---Impugned s and decrees passed by the Courts below were set aside---Suit filed on behalf of plaintiffs should be deemed to be pending before the Trial Court who was directed to examine the witnesses of the parties himself and decide the same afresh within a period of six months---Revision was allowed, in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---When can be invoked---Principles. Revisional jurisdiction of High Court under Section 115, C.P.C. is invoked only in the cases wherein the lower Courts have exercised the jurisdiction not vested in them by law or they failed to exercise it so vested or it was exercised in an illegal manner or that some material irregularity was committed, but this is the established law that in case wherein it is found that the findings of the subordinate Courts were suffering from misreading and non-reading of evidence or that the conclusion drawn was in absolute disrespect to the law and facts of the…

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