Law: Civil Procedure Code (V of 1908)

Section: 115

Revisional jurisdiction-- ----Scope--One can’t lose right of well settled elucidation of law--One cannot lose sight of well settled elucidation of law that each case has to be decided on its own facts and circumstances. No doubt revisional jurisdiction is pre-eminently corrective and supervisory and there shall be no harm if Court seized of a revision petition exercises its suo motu jurisdiction to correct errors of jurisdiction committed by a subordinate Court. [P. 278] A Revisional jurisdiction-- ----Proceeding--Suo motu jurisdiction--Administration of justice--Whether a case is fit or not for exercising suo motu jurisdiction always rests on discretion of Court but in case in hand, jurisdiction was invoked on application of party which was on face of it time barred and no plausible explanation or justification was set forth in condonation application with fundamental ingredient or element of explaining delay of each and every day hence it was rightly dismissed by High Court. [Pp. 278 ,  279] B Suo motu jurisdiction-- ----Condition of limitation for revision application--Question depends on discretion of Court because exercise of revisional jurisdiction in any form is discretionary and Court may exercise suo motu jurisdiction if conditions for its exercise are satisfied--It was not intention or spirit of that in all circumstance or come what may High Court or District Court should consider every time barred revision as an information but exercise of jurisdiction based on prescribed parameters of revisional jurisdiction which is meant to cure and rectify serious illegality or irregularity which was not available in case in hand in wisdom of High Court for exercising suo moto jurisdiction by treating time barred revision as an information. [Pp. 279 ,  280] C ,  D Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Civil revision--Jurisdiction--Question of limitation--Revisional jurisdiction--Delay of each and every day was not explained--Suo motu jurisdiction--Scope of--The Jurisdiction vested in High Court under Section 115 C.P.C is to satisfy and reassure that order is within its jurisdiction; case is not one in which Court ought to exercise…

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