Law: Civil Procedure Code (V of 1908)

Section: 115

(a) High Court, jurisdiction of-Judicial discretion exercised by lower appellate Court, normally, not to be interfered with-Prin ciple of non-interference, however, subject to consideration whether discretion exercised on judicial principles or in arbitrary manner High Court competent to set aside discretionary orders of lower- appellate Court passed in arbitrary manner. The lower appellate Court while setting aside the orders of the trial Court refusing to grant temporary injunction, granted temporary injunction. Appeal before the High Court against, the orders of the lower appellate Court was contested on the plea that the High Court should not interfere with the exercise of discretion within the bounds of its jurisdiction by an appellate. Court even though such appellate Court reversed the order of the trial Court : Held, the principles of non-interference with the normal exer cise of the judicial discretion is well recognised; but the relevant consideration has always been whether that discretion has been exercised on judicial principles or in an arbitrary manner. (b) Civil Procedure Code (V of 1908), S. 115-Revision Material irregularity and, illegality-Subordinate Court failing to notice or ignoring or refusing to follow decision of its High Court -Acts illegally and with material irregularity in terms of S. 115. 1f a subordinate Court fails to notice or ignores or refuses to follow a decision of the High Court to which it is subordinate, it acts illegally or with material irregularity within the meaning of section 115, Civil Procedure Code. Surajman Prasad Misra v. Sadanand Mfsra and others A I R 1932 Pat. 346; Gupteswar Chandra Deo v. T. V. V. Narsirnham and others A I R 1945 Pat. 132; Kolipakam Penchelu Varadappa Rao v. Chitoor Mahadevish and another A I R 1933 Mad. 94 and U. Po Hlaing and another v. Daw Ngwe A I R 1941 Rang. 22 rel. Zafar Ahmad v. Abdul Khaliq P L D 1964 Kar. 149 ref. (c) Civil Procedure Code (V of 1908), S. 115-Revision Lower appellate Court, while granting temporary injunction expres sing its opinion on all issues involved in suit and virtually deciding whole suit-Lower appellate Court having overstepped limits of its jurisdiction,…