TMI Blog1965 (4) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... cuted by their gand-father in favour of the grand-father of the appellants on August 29, 1881. By this mortgage, six agricultural lands situated atKapil in the former State of Oundh had been mortgaged to the portage with possession for a sum of Rs. 575. In 1908, the respondents predecessoes-in-interest sued on this mortgage in the Court of the Sub-Judge at Kapil (Civil Suit No. 28 of 1908-09). This suit was, however, withdrawn with liberty to file a fresh suit.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 fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation was barrey by limitation. In the result, the appeal preferred by the respondents was dismissed. The dispute the reached the Bombay High Court in its revisional jurisdiction under s. 115 of the Code. Before the High Court it was urged that the Code of Civil Procedure did not apply to the State of Oundh at the relevant time; that is why by an interlocutory judgment, the High Court remanded 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 wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court that the decree in question extinguished the respondents' right to redeem the mortgage. Mr. Sinha for the appellants contends that in reversing the conclusion of the District Court, the High Court ha-, exceeded its jurisdiction under S. 115 of the Code. In our opinion'. this contention is well-founded and must be upheld. The provisions of s. 115 of the Code have been examined by judicial 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 jur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the exercise of jurisdiction illegally or with material irregularity by the subordinate court ? These are the tests laid down by s. 115 of the Code and they have to be borne in mind before the High Court decides to exercise its revisional jurisdiction under it. This question has been recently considered by this Court in Manindra Land and Building Corporation Ltd., v. Bhutnath Banerjee and Others(A-I.R. 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 jurisdi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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