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N.K.Assumi (Advocate)     22 December 2009

What amounts to case decided for the purpose of section 115

What amounts to case decided in civil case under section 115 of the CPC and final order as per Article 133 (1) of the Constitution of India.



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 1 Replies

J.D.Sharma (lawyer)     24 December 2009

The term case decided  means finally deciding the lis between the litigants. Revision under sec- 115 CPC is maintainable only if order disposing has given finality to the suit or proceeding.(Gayatri Devi & Ors. Vs Shashi Pal Singh) 2005(1) Apex Court Judgments 637 (S.C.) : 2005(2) Civil Court Cases 215 (S.C.)

The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgments, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies: (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court. In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court.
 
Though both the term imply almost similar meaning
Section 115 CPC is invoked to file the revision of the decisions in the lower courts as well in high court
Sec 133(1) can only be used to invoke the jurisdiction of Supreme Court

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