High CourtsDivision Bench

Chinnasami Pillai vs Pavayee Ammal and Others

Madras High Court · Decided on 16 December 1926 · Citation: AIR 1927 Mad 1162

HON’BLE JUDGES
Waller, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Section 115
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Judgment

6 paragraphs · 143 words

Waller, J.—A preliminary objection is taken that the High Court should not interfere u/s 115, Civil P. C., in a case of this kind. That was the

view taken by Phillips, J., in Acha v. Sankaran A. I. R. 1926 Mad. 768 No doubt, other Judges of this Court have taken a different view, but, with

all respect, I prefer to follow Phillips, J. Petitioner has other remedies open to him and it is, I think, no answer to say that the appropriate remedy is

more cumbrous than that he seeks to obtain by way of revision.

2.

Assuming that I can interfere in such a matter in revision, I am unable to see how any question of jurisdiction arises.

3.

The lower Court may be wrong, but it had jurisdiction to pass the order it did. The petition is dismissed with costs.