Law: Civil Procedure Code (V of 1908)

Section: 115

P L D 1970 Azad J & K 7 Civil Procedure Code (V of 1908), S. 115-Revision-Not competent if other remedy available. In cases in which section 115, C. P. C. applies the High Court has a discretion to interfere or not according to the circumstances of the case. The general rule, however, is that the special and extraordinary powers under this section will not be exercised in favour of interference where the applicant has another remedy open to him. Where the aggrieved party could bring a separate suit to challenge the orders sought to be revised, the High Court will not, as a rule, interfere in revision. In the instant case the aggrieved party, not only could bring a separate suit, but had actually filed a suit to challenge a compromise decree in redemption suit. Revision under sec tion 115, C. P. C. filed before High Court on ground that he being interested person in the suit land should have been impleaded in terms of Order XXXIV, rule 1, C. P. C., was rejected as incompetent as the person could file a separate suit for setting aside the compromise decree passed behind his back.   ORDER This is a revision petition against the judgment and decree of the Additional Sub-Judge, Muzaffarabad, dated 13-8-1968 by which a compromise decree for possession of the suit land by way of redemption was passed in favour of Faqir Shah and Lall Shah against Mst. Bibi Khanum. The facts giving rise to this revision petition are that Faqir Shah and Lall Shah brought a suit for possession of land Khasra No. 58 measuring 4 kanals and 19 marlas situate in village Domel Syedan Tehsil Muzaffarabad after redemption against Mst. Bibi Khanum widow of Fateh Muhammad resident of Domel Syedan. The suit was instituted on 12-8-68 and on 13-8-1968 the parties having presented a compromise deed before the Court, a decree for possession by way of redemption was passed in favour of the plaintiff against Mst. Bibi Khanum, the only defendant. Mst. Taj Begum has come up in revision against the said compromise decree claiming to be a person interested in the suit land because she is the daughter of Mistry Fateh Muhammad and Mst. Bibi Khanum defendant, the widow of Fateh Muhammad, alleging that…