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2002 (5) TMI 706 - SUPREME COURTWhether a revision petition under section 115 of the Code of Civil Procedure, 1908 lies to the High Court as against an order made by a civil court in an appeal preferred under section 37? Whether on the facts and circumstances of this case, such a remedy by way of revision is an alternate and efficacious remedy or not? Held that:- The supervisory jurisdiction to be exercised by the High Court under section 115 is for the purpose of correcting jurisdictional error, if any, committed by the sub-ordinate Court in exercise of power in appeal under section 37(2). The approach made to the revisional court under section 115 is not a resort to remedy of appeal. In appeal, interference can be made both on facts and law whereas in revision only errors relating to jurisdiction can be corrected. Such revisional remedy is not expressly barred by the provisions of the Act. We have also not found any implied exclusion of the same on examination of the scheme and relevant provisions of the Act.
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