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TMI Blog1965 (4) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... 908-09). This suit was, however, withdrawn with liberty to file a fresh suit. Then followed another suit by the respondents in the same Court for redemption of the mortage (No. 102 of 1932-33). On September 2, 1936, a decree came to be passed in the said suit. According to the respondents, the decree directed them to pay Rs. 3,677-12-6 within six months from the date on which it was drawn but the said money had not been paid; even so, the relationship between the parties continued to be that of 'the mortgagors and the mortgagees, and so, they were entitled to claim adjustment of the debt in question. The respondents also pleaded that the decree which was passed in the said suit was in the nature of a preliminary decree, and though the appellants were entitled to apply for making the said decree final after the expiration of the six months' period prescribed by it, they took no such action and the mortgage debt, therefore, remains unpaid arid the equity of redemption vesting in the respondents is unextinguished. That, in brief, is the nature of the claim made by the Respondents in the application made by them under the Act for adjustment of their debt due to the appellants. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the proceedings to the trial Court with a direction that the issue as to whether the Code of Civil Proceedure applied to the State of Oundh at the relevant time, should be tried. On remand, the trial Court made a finding that the Code of Civil Procedure had been made applicable to the State of Oundh as far back as 1909-10. The High Court had also directed that the issue as to who was, in possession of the property at the relevant time, should be tried; and the finding returned by the trial Court was that the appellants were in possession of the mortgaged property not as mortgaeges, but as owners from 2nd March, 1937. After these findings were returned, the revision application was argued before the High Court; and the main point which was urged before the High Court at that state was whether the respondents' right to redeem the mortgage had been extinguished by the decree passed in civil suit No. 102 of 1932-33. The High Court has differed from the District Court and has taken the view that the decree did not determine the respondents' right to redeem the mortgage. In regard to the finding recorded by the courts below that the respondents' application was barred by ti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decisions on several occasions. While exercising its jurisdiction under s. 115, it is not competent to the High Court to correct errors of fact however gross they may, or even errors of law, unless the said errors have relation to the jurisdiction of the Court to try the dispute itself. As clauses (a), (b) and (c) of s. 115 indicate, it is only in cases where the subordinate Court has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity that the revisional jurisdiction of the High Court can be properly invoked. It is conceivable that points of law may arise in proceedings instituted before subordinate courts which are related to questions of jurisdiction. It is well-settled that a plea of limitation or a plea of yes judicata is a plea of law which concerns the Jurisdiction of the court which tries the proceedings. A finding on these pleas in favour of the party raising them would oust the jurisdiction of the court, and so, an erroneous decision on these pleas can be said to be concerned with questions of jurisdicdon which fall within the purview ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 1964 S.C. 1336); and Vora Abbasbhai Alimahomed v. Haji Gulamnabi Haji Safibhai (A.I.R. 1964 S.C. 1341). The effect of these two decisions clearly is that a distinction must be drawn between the errors committed by subordinate courts in deciding questions of law which have relation to, or are concerned with, questions of jurisdiction of the said court, and errors of law which have no such relation or connection. It is, we think, undesirable and inexpedient to lay down any general rule in regard to this position. An attempt to define this position with precision or to deal with it exhaustively may create unnecessary difficulties. It is clear that in actual practice, it would not be difficult to distinguish between cases where errors of law affect, or have relation to, the jurisdiction of the court concerned, and where they do not have such a relation. Considering the point raised by Mr. Sinha in the light of this position, it seems to us that the High Court was in error in assuming jurisdiction to correct what it thought to be the misconstruction of the decree passed in civil suit No. 102 of 1932-33. As we have already seen, in the present debt adjustment proceedings, one of the po ..... X X X X Extracts X X X X X X X X Extracts X X X X
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