ANITA SHARMA vs MUKANDI DEVI & ORS.

Judgment text excerpt

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 05.05.2025 + C.R.P. 186/2024 & CM Appl.35877/2024 ANITA SHARMA .....Petitioner Through: Mr. Rajeev Gupta, Adv. versus MUKANDI DEVI & ORS. .....Respondents Through: Mr. C. Prakash, Mr. Shrey Tanwar, Mr. Abhishek Rana, Ms. Mansi Shukla and Mr. Manav Kumar, Advs. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugning the order dated 03.05.2024 [hereinafter referred to as “Impugned Order”] passed by the learned ADJ-01, North East, Karkardooma Courts, Delhi. By the Impugned Order, the Application filed on behalf of the Respondents (Defendants before the learned Trial Court) under Order VIII Rule 1 read with Section 151 of the CPC was allowed. 2. 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 dispose of the suit or proceedings. This is set out in the proviso to Section 115 of the CPC, which is below: “Section 115 – Revision The High Court may call for the record of any case which has been Signature Not Verified Digitally Signed By:JAI NARAYAN Signing Date:08.05.2025 C.R.P. 186/2024 Page 1 of 3 11:51:07 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, the High Court may make such order in the case as