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august 1963

Supreme Court of India · 1963-08-14

MAJOR S. S. KHANNA vs BRIG. F.J. DILLON

Citation / case number
SC 1963/142
Court
Supreme Court of India
Petitioner
MAJOR S. S. KHANNA
Respondent
BRIG. F.J. DILLON
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the High Court correctly set aside the trial judge's order regarding the maintainability of suits under Section 115 of the Code of Civil Procedure, 1908. The Court clarified that the term 'case' in Section 115 is comprehensive and includes decisions affecting the jurisdiction of the court, thus allowing for revision even if the trial judge's order did not amount to a final decision. The Court emphasized that the trial judge's ruling impacted the rights and obligations of the parties, warranting the High Court's intervention.

MAJOR S. S. KHANNA vs BRIG. F.J. DILLON · Niyam