When is a ‘case decided’ for the purposes of Section 115 of the Code of Civil Procedure, 1908? Support the answer by judicial precedents.

Question: When is a ‘case decided’ for the purposes of Section 115 of the Code of Civil Procedure, 1908? Support the answer by judicial precedents.

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Answer

Section 115 of the Code of Civil Procedure (CPC), 1908 provides for the revisional jurisdiction of the High Court to intervene in cases where a subordinate court has exercised its jurisdiction illegally or with material irregularity. To determine when a 'case is decided' for the purposes of Section 115, we can refer to judicial precedents that have interpreted and clarified this provision. While specific cases may vary, the general understanding is as follows:

A. Final Adjudication:

A case can be considered "decided" under Section 115 when there has been a final adjudication on the merits of the case by the subordinate court. This means that the court has rendered a final order or judgment that conclusively determines the rights and liabilities of the parties involved in the case.

B. Disposal of Substantive Issues:

For a case to be considered decided, the court must have disposed of the substantive issues in the suit and reached a conclusive decision. Mere interlocutory orders or directions that do not finally settle the substantive rights of the parties do not constitute a "decision" for the purposes of Section 115.

C. Prejudicial Effect:

The decision must have a prejudicial effect on the rights of the parties. It should determine some question or issue that affects the parties' substantive rights, obligations, or interests. The decision should have a material bearing on the outcome of the case.

In the case of Major S. S. Khanna v. Brig. F.J. Dillon 1964 AIR 497 it was held that Section 115 applies even to interlocutory orders. It was observed by Shah J., “The expression ‘case’ is a word of comprehensive import; it includes civil proceedings other than suits and is not restricted by anything contained in Section 115 to the entirety of the proceedings in a civil court. To interpret the expression “case” as an entire proceeding only and not a part of the proceeding would be to impose an unwarranted restriction on the exercise of powers of superintendence and may result in certain cases in denying relief to the aggrieved litigant where it is most needed and may result in the ‘perpetration of gross injustice.”

In the case of Baldevdas Shivlal v. Filmistan Distributors (India) (P) Ltd., 1970 AIR 406 the Supreme Court held that a case may be said to have been decided if the court adjudicates for the purpose of the suit some right or obligation of the parties in controversy. Every order in the suit cannot be recorded as a case decided.

An explanation was added to Section 115 by the Amendment Act of 1976, on the recommendation of the Joint Committee of Parliament. This makes it clear that the expression, “case decided” includes any order made, or any order deciding an issue, in the course of a suit or any other proceeding. Thus, “any case which has been decided” means each decision which terminates a part of the controversy involving the question of jurisdiction.

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