section 115 of Code of Civil Procedure applies only to cases where the legislature has provided no right of appeal, the manifest intention is that the order of the trial court, right or wrong shall be final. the section empowers the High Court now also the District Court to satisfy itself upon three matters; a/- the the order of the subordinate court is within its jurisdiction b/- that the case is one in which the court ought to exercise jurisdiction c/- that exercising jurisdiction the court has not acted illegally, that is , in breach of some provision of law, or with material irregularity , that is by committing some error of procedure in the course of the trail which is material in that it may have affected the ultimate decision.
Posted on: Sat, 18 Oct 2014 10:00:05 +0000
Trending Topics
Recently Viewed Topics
© 2015