New Delhi, Aug 17: The Supreme Court has ruled that despite a ban under amended Section 115 of Civil Procedure Code (CPC), the high courts under writ jurisdiction can hear petitions seeking revision of trial court's decision on pleas against its interim orders. Accepting the Malimath committee recommendations to speed up snail paced trial proceedings in civil cases, the Centre in 1999 had amended Section 115, CPC banning filing of petitions in high courts seeking revision of a trial court's order deciding an appeal against its interim order in a civil suit. The amended Section 115 came into effect from July 01, 2002.
Giving a guideline for the high courts on the manner in which they could still entertain petitions challenging such orders of the trial court, a bench comprising Justice R C Lahoti and Justice Ashok Bhan said the amendment "cannot and does not affect in any manner the jurisdiction of the high court under Articles 226 and 227 of the Constitution”.
However, the apex court clarified that the remedy under the certiorari or supervisory jurisdiction of the high court would be available only if the petitioner was able to point out that the trial court committed an error which was apparent in the face of the proceedings and secondly, that a grave injustice has been occasioned thereby. Bureau Report