KRISHNAJI DATTATRYAYA BAPAT vs KRISHNAJI DATTATRYAYA BAPAT

The Supreme Court held that once a party has chosen to pursue a remedy under Section 115 of the Code of Civil Procedure, it cannot subsequently invoke the jurisdiction of the High Court under Articles 226 and 227 of the Constitution for the same matter. The Court emphasized that allowing such a dual approach would undermine the finality of judicial decisions and could lead to an abuse of process. The appeal was allowed, and the High Court's order was set aside, reinforcing the principle that the jurisdiction exercised under Section 115 is part of the appellate jurisdiction of the High Court.