Question

The word "case" used in Section. 115 of the code of civil Procedure is of wide import and

• A. It means any state of facts juridically considered
• B. It includes civil proceeding other suits and is not restricted to anything contained in the section to the entirety of the proceeding in a civil court
• C. Both (A) and (B)
• D. None of these

Hint:

In procedural laws like CPC and CrPC, the interpretation of key terms by the Supreme Court is extremely important. For Section 115 CPC, remember that "case decided" is not just the final judgment but can also include interlocutory orders that resolve a specific part of the dispute.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question relates to the interpretation of the word "case" within the context of Section 115 of the Code of Civil Procedure, 1908. Section 115 grants the High Court the power of revision, allowing it to examine the record of any "case which has been decided" by a subordinate court to ensure there is no jurisdictional error. The scope of this revisional power heavily depends on how broadly the term "case" is interpreted.

Step 2: Detailed Explanation:
The Supreme Court of India, in various landmark judgments like Major S.S. Khanna v. Brig. F.J. Dillon, has interpreted the term "case" in Section 115 very broadly.
\[\begin{array}{rl} \bullet & \text{The court held that the word "case" is not limited to a suit or the entire proceeding. It is a word of comprehensive import. } \\ \bullet & \text{It includes a part of a proceeding or an interlocutory order. It means a set of facts that can be considered by a court juridically. This aligns with statement (A). } \\ \bullet & \text{The interpretation clarifies that a "case" can be a civil proceeding distinct from a suit and that the High Court's revisional power is not restricted to the final disposal of the entire suit but can be exercised even on interim orders that decide a specific matter. This aligns with statement (B). } \\ \end{array}\] Since the judicial interpretation affirms that the term "case" is wide enough to cover both the descriptions provided in (A) and (B), both statements are correct.

Step 3: Final Answer:
The correct answer is (C) because both statements (A) and (B) accurately reflect the wide and comprehensive meaning of the word "case" as interpreted by the judiciary for the purpose of Section 115 of the CPC.