Ghulam Mohi Ud Din Baba v. Union Territory of J and K and Ors. (Power Development)
Civil revision – maintainability – revisional jurisdiction under Section 115 CPC
Case brief
What is this about?
CR 72/2025, High Court of J&K and Ladakh at Srinagar, Justice Sanjay Dhar, order dated 17.11.2025. Civil revision against order dated 30.09.2025 of Sub Judge (City Judge) Srinagar dismissing application for recording of statements of parties under Order 10 CPC. Held: Section 115 CPC bars interference unless the order would have finally disposed of the suit or proceedings; order not revisable; on merits no illegality in refusing preliminary statements after issues framed and trial commenced. Petitioner Ghulam Mohi Ud Din Baba in person; respondents Union Territory of J&K & Ors. Keywords: revisional jurisdiction, maintainability, interlocutory order, Order 10 CPC, Section 115 CPC, preliminary statements, issues framed, trial commenced, dismissal.
What did the court decide?
Not all non-appealable orders can be the subject of revision; under Section 115 CPC the High Court cannot vary or reverse an order unless, had it been made in favour of the applicant, it would have finally disposed of the suit or the proceedings.