Law: Civil Procedure Code (V of 1908)

Section: O. XVIII, rr. 3 & 1

(a) Civil Procedure Code (V of 1908)------   -------- O. XVIII, rr. 3 & 1 Rule 3 subject to provisions of r. 1--- Issue raised before Court in substance whether plaintiffs' or defendants' story is true -Initial duty lies on plaintiff to prove that his version is correct.   (b) Civil Procedure Code (V of 1908)-----   --- S. 115 & O. XIV, r. 2-Powers of High Court in revision-Discretion exercised by trial Court under O. XIV, r. 2 not based on judicial principles-- High Court can interfere in revision-Maxim : boni judicis est ampliare jurisdiotionem [It is the duty of a good Judge to extend his jurisdiction.]   Rule 2 of Order XIV of the Civil Procedure Code; 1908 vests a large measure of discretion in the Trial Court but it must be remembered that this discretion must be exercised in accordance with the established principles of justice and not arbitrarily or capriciously or without factual basis. Further more, discretion of the Trial Court does not extend to permitting it to ignore or transgress limitations on its powers. There fore, the High Court has power to interfere with an order made under rule 2 of Order XIV in the exercise of its power under section 115 of the Code if the High court comes to the conclusion , that the subordinate Court has not exercised its discretion judicially and in accordance with the established principles of justice. The High Court has jurisdiction to revise an order from which no appeal lies to it also upon the well known principle boni judicis est ampliare jurisdictionem.   N. S. Venkatagiri Ayyangar and another v. The Hindu Religious Endowments Board, Madras P L D 1949 P C 26 ref.   Joy Chand Lal Babu v. Kamalkshn Choudhury and others PLD 1949 P C 114 rel.   (c) Civil Procedure Code (V of 1908)------   ------- S. 115-Word "case" Wide enough to include interlocutory orders.   Liladhar v. Firm Radhakishan Ramsadhaya and others A I R 1946 Nag. 5 ; Bibi Gurdevi v. Chaudhri Mohammad Baksh and others A I R 1943 Lah. 65 ; Teja Singh and others v. Hamir Singh and others A I R 1952 Papsu 31 and Shree Narain v. Kishnlal and others A I R 1952 Raj. 15 rel.   (d)…