MOHD. NISAR vs SAIRA QURESHI & ORS. & ORS.

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21.07.2025 + C.R.P. 202/2025 & CM Appls. 42648-49/2025 MOHD. NISAR .....Petitioner Through: Mr. Amit Alok and Mr. Saurav Prakash, Advs. versus SAIRA QURESHI & ORS. & ORS. .....Respondents Through: Mr. Abhinav Singh and Mr. Rishabh Yadav, Advs. for R-2 and 3. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed on behalf of the Petitioner under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] against the order dated 15.07.2025 passed by learned DJ, Saket Court, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, an interim order has been passed by the learned Trial Court with certain directions. 2. Learned Counsel for the Respondent Nos. 2 and 3, who appears on advance service, submits that the maintainability of this Petition is a subject matter of challenge. It is no longer res integra that the provisions of Section 115 of the CPC cannot be invoked except where an order, if made in favour of the revisionist, would have finally disposed of the suit or proceedings. This is set out in the proviso to Section 115 of the CPC below: “Section 115 – Revision The High Court may call for the record of any case which has been Signature Not Verified Digitally Signed By:RAHUL Signing Date:26.07.2025 CRP 202/2025 Page 1 of 3 06:12:48 decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, th