(i) that the case involves a substantial question of law of general importance; and (ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.] 110. [Value of subject matters.] omitted by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973), s. 3 (w.e.f. 29-11-1973). 111. [Bar of certain appeals.] omitted by the A.O. 1950. 1 [111A. [Appeals to Federal Court] Rep. by the Federal Court Act, 1941 (21 of 1941), s. 2 (w.e.f. 1-9- 1942). 112. Savings.—2[

(a) to affect the powers of the Supreme Court under article 136 or any other provision of the Constitution; or

(b) to interfere with any rules made by the Supreme Court, and for the time being in force for the presentation of appeals to that Court, or their conduct before that Court.]

(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.

(b) by a decree or order from which no appeal is allowed by this Code, or

(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit. 115. Revision.—4[

(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 it thinks fit: 1 [Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceedings.] 2 [

(a) to have failed to 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 or the District Court, as the case may be, may make such order in the case as it thinks fit: Provided that in respect of cases arising out of original suits, or other proceedings of any valuation decided by the District Court, the High Court alone shall be competent to make an order under this section: Provided further that the High Court or the District Court shall not, under this section, vary or reverse any order, including an order deciding an issue, made in the course of a suit or other proceedings, except where—

(i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings; or (ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. 1. Subs. by Act 46 of 1999, s.12, for “proviso” (w.e.f. 1-7-2002). 2. Ins. by Act 104 of 1976, s. 43 (w.e.f 1-2-1977). 3. Ins. by Act 46 of 1999, s.12 (w.e.f. 1-7-2002). 69 Explanation—In this section, the expression “ any case which has been decided” includes any order deciding an issue in the course of a suit or other proceeding.”. 3. Saving.—The amendment made by this Act shall not affect the validity, invalidity, effect or consequence of anything already done or suffered, or any jurisdiction already exercised, and any proceeding instituted or commenced in the High Court under section 115 of the Code of Civil Procedure, 1908 (5 of 1908) prior to the commencement of this Act shall, notwithstanding such amendment, continue to be heard and decided by such Court. [Vide the Orissa Act 26 of 1991, s. 2] Amendment of section 115.—In the Code of Civil Procedure, 1908 (5 of 1908), for section 115, the following section shall be substituted, namely:— 115. Revision.—

(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 or the District Court, as the case may be, may make such order in the case as it thinks fit: Provided that in respect of cases arising out of original suits or other proceedings of any valuation decided by the District Court, the High Court alone shall be competent to make an order under this section.

(i) for the words “High Court”, wherever occurring, the words “High Court or District Court” shall be substituted; and (ii) the following proviso thereto shall be inserted at the end, namely:-- “Provide that nothing in this section shall be construed to empower the District Court to call for the record of any case arising out of an original suit of the value of twenty thousand rupees or above,”. [Vide Uttar Pradesh Act 14 of 1970, s. 3] Uttar Pradesh Substitution of new section for section 115 of 5 of 1908.— For section 115 of the Code of Civil 70 Procedure, 1908, as amended in its application to Uttar Pradesh (hereinafter in this Chapter referred to as the said Code), the following section shall be substituted namely :— “115. Revision.—The High Court in cases arising out of original suits of the value of rupees twenty thousand and above including such suits instituted before the 20th day of September, 1972, and the District Court in any other case, including a case arising out of an original suit instituted before the 20th day of September, 1972, may call for the record of any case which has been decided by any court subordinate to such High Court or District Court, as the case may be, and in which no appeal lies thereto, and if such subordinate court appears;

(a) to have to jgh 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 or the District Court, as the case may be, may make such order in the case as it thinks fit; Provided that in respect of cases decided before the 20th day of September, 1972, and also all cases arising out of original suits of any valuation decided by the District Court, the High Court alone shall be competent to make a order under this section.” [Vide Uttar Pradesh Act 19 of 1973, s. 2] Amendment of section 115 of Act V of 1908.— In section 115 of the Code of Civil Procedure, 1908 as amended in its application to Uttar Pradesh, hereinafter referred to as the said Code :—

(i) for the words “the High Court or District Court”, where they first occur, the words “the High Court in cases arising out of original suits of the values of twenty thousand rupees and above, and the District Court in any other case” shall be substituted and after the words “High Court or District Court” where they occur the second time, the commas and words, “as the case may be”, shall be inserted; (ii) the proviso shall be omitted. [Vide Uttar Pradesh Act 37 of 1972, s. 6] Uttar Pradesh Substitution of section 115.— For section 115 of the said Code, the following section shall be substituted, namely :— “115. Revision.-- The High Court, in cases arising out of original suits or other proceedings of the value of twenty thousand rupees and above, including such suits or other proceedings instituted before August 1, 1978, and the District Court in any other case, including a case arising out of an original suit or other proceedings instituted before such date, may call for the record of any case which has been decided by any court subordinate to such High Court or District Court as the case may be, 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 or the District Court, as the case may be, may make 71 such order in the case as it thinks fit ; Provided that in respect of cases arising out of original suits or other proceedings of any valuation, decided by the District Court, the High Court alone shall be competent to make an order under this section ; Provided further that the High Court or the District Court shall no under his section, vary or reverse any order including an order deciding an issue, made in the course of a suit or other proceeding, except where, —

(a)for the words “of the value of the twenty thousand rupees and above including such suits or other proceedings instituted before August 1, 1978” the following words shall be substituted, namely — “of the value exceeding one lakh rupees or such higher amount not exceeding five lakh rupees as the High Court may from time to time fix, by notification published in the official Gazette including such suits or other proceedings instituted before the date of commencement of the Uttar Pradesh Civil Laws (Amendment) Act, 1991, or as the case may be, the date of commencement of such notification.” ;

(b) after the second proviso, the following proviso shall be inserted, namely ; “Provided also that where a proceeding of the nature in which the District Court may call for the record and pass orders under this section was pending immediately before the relevant date of commencement referred to above, in the High Court, such court shall proceed to dispose of the same.” [Vide Uttar Pradesh Act 17 of 1991, s. 7] Substitution of section 115 of Act no. 5 of 1908.— For section 115 of the Code of Civil Procedure, 1908, hereinafter referred to as the principal Act, the following section shall be substituted and be deemed to have been substituted with effect from July 1, 2002, namely :— “115. Revision

(a) exercised a jurisdiction not vested in it by law ; or

(b) failed to exercise a jurisdiction so vested ; or

(c) acted in exercise of its jurisdiction illegally or with material irregularity.

(i) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceeding ; or (ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it is made.

(i) the expression ‘superior court’ means —

(a) the district court, where the valuation of a case decided by a court subordinate to it does not exceed five lakh rupees ;

(b) the High Court, where the order sought to be revised was passed in a case decided by the district court or where the value of the original suit or other proceedings in a case decided by a court subordinate to the district court exceed five lakh rupees ; (ii) the expression ‘order’ includes an order deciding an issue in any original suit or other proceedings. Explanation —II. The provisions of this section shall also be applicable to orders passed, before or after the commencement of this section, in original suits or other proceedings instituted before such commencement.” [Vide Uttar Pradesh Act 14 of 2003, s. 2] PART IX SPECIAL PROVISIONS RELATING TO THE 1[HIGH COURTS 2[NOT BEING THE COURT OF A JUDICIAL COMMISSIONER ] 116. Part to apply only to certain High Courts.—This Part applies only to High Courts 7[not being the court of a Judicial Commissioner]. 117. Application of Code to High Courts.—Save as provided in this Part or in Part X or in rules, the provisions of this Court shall apply to such High Courts. 118. Execution of decree before ascertainment of costs.—Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs; and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation. 119.Unauthorized persons not to address Court.—Nothing in this Code shall be deemed to authorize any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter authorized him so to do, or to interfere with the power of the High Court to make rules concerning advocates, vakils and attorneys. 1. Subs. by Act 2 of 1951, s. 14, for “CHARTERED HIGH COURTS”. 2. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for “For Part A States and Part B States”. 73 120. Provisions not applicable to High Court in original civil jurisdiction.—

(a) three Judges of the High Court established at the town at which such Committee is constituted, one of whom at least has served as a District Judge or 7*** a Divisional Judge for three years, 8 [

(b) two legal practitioners enrolled in that Court,] 9 [

(c) a Judge of a Civil Court subordinate to the High Court, 10*** 11 * * * * * 12

(a) of sub-section

(b) and

(c). 9. Clauses

(d) and

(e) re-lettered as clauses

(c) and

(d) respectively by s. 16, ibid. (w.e.f. 1-4-1961). 10. The word “and ” omitted by Act 38 of 1978, s. 3 and the Second Sch edule (w.e.f. 26-11-1978). 11. Clause

(d) omitted by s. 3, ibid. and the Second Schedule. 12. Subs. by Act 104 of 1976, s. 44, for “Chief Justice or Chief Judge” (w.e.f. 1-2-1977). 13. Proviso omitted by s. 44, ibid. (w.e.f. 1-2-1977). 14. Subs. by the A.O. 1937, for “by the G.G. in C. or by the L.G., as the case may be”. 74 “

(a) three Judges of the High Court established at the town at which such Committee is constituted, provided that the Chief Justice may appoint only two Judges of the High Court on the Committee if the number of Judges of the High Court does not exceed three.” [Vide Assam Act 8 of 1953, sec. 2.] Tamil Nadu Amendment of section 123, Central Act V of 1908.—In section

(a) in clause

(b), for the words “two legal practitioners”, the words “three legal practitioners” shall be substituted.

(b) in clause

(d), the word “Madras” shall be omitted. [Vide Tamil Nadu Act 15 of 1970, s. 2] 124. Committee to report to High Court.—Every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section 122 the High Court shall take such report into consideration. 125. Power of other High Courts to make rules.—High Courts, other than the Courts specified in section 122, may exercise the powers conferred by that section in such manner and subject to such conditions 1[as 2[the State Government] may determine:] Provided that any such High Court may, after previous publication, make a rule extending within the local limits of its jurisdiction any rules which have been made by any other High Court. 3 [126. Rules to be subject to approval.—Rules made under the foregoing provisions shall be subject to the previous approval of the Government of the State in which the Court whose procedure the rules regulate is situate or, if that Court is not situate in any State, to the previous approval of 4[Central Government.]] 127. Publication of rules.—Rules so made and 5[approved] shall be published in the 6[Official Gazette], and shall from the date of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule. 128. Matters for which rules may provide.—

(a) the service of summonses, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service;

(b) the maintenance and custody, while under attachment, of live-stock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property, and the proceeds of such sale;

(c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction;

(d) procedure in garnishee and charging orders either in addition to, or in substitution for, the attachment and sale of debts;

(e) procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not;

(f) summary procedure—

(i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising— 1. Subs. by Act 38 of 1920, s. 2 and the First Schedule, Pt. I, for “as the G.G. in C. may determine”. 2. Subs. by the A.O.1937, for “in the case of the Court of the Judicial Commissioner of Coorg, the G.G. in C., and, in other cases the L.G.”. 3. Subs. by the A.O.1937, for section 126. 4. Subs. by the A.O. 1950, for “Governor General”. 5. Subs. by Act 24 of 1917, s. 2 and the First Schedule, for “sanctioned”. 6. Subs. by the A.O. 1937, for “Gazette of India or in the local Official Gazette, as the case may be”. Strictly the substitution would read “Official Gazette or in the Official Gazette, as the case may be, but the latter words have been omitted as being redundant”. 75 on a contract express or implied; or on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or on a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand only; or on a trust; or (ii) in suits for the recovery of immovable property, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or has become liable to forefeiture for non-payment of rent, or against persons claiming under such tenant;

(g) procedure by way of originating summons;

(h) consolidation of suits, appeals and other proceedings;

(i) delegation to any Registrar, Prothonotary or Master or other official of the Court of any judicial, quasi-judicial and non judicial duties; and