It may also be observed that by ordering that a question may properly be put to a witness who was being examined, no case was decided by the Trial court. The expression “case” is not limited in its import to the entirety of the matter in dispute in an action. This Court observed in Major S. S. Khanna vs. Brig. F. J. Dillon (1964) 4 SCR 409 that the expression “case” is a word of comprehensive import:it includes a civil proceeding and is not restricted by anything contained in S. 115 of the Code to the entirety of the proceeding in a civil Court.
To interpret the expression “case” as an entire proceeding only and not a part of the proceeding imposes 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. But it was not decided in Major S. S. Khanna’s case, (supra) that every order of the Court in the course of a suit amounts to a case decided. A case may be said to be decided, if the Court adjudicates for the purposes of the suit some right or obligation of the parties in controversy; every order in the suit cannot be regarded as a case decided within the meaning of Section 115 of the Code of Civil Procedure.
AIR 1970 SC 406 : (1970) 1 SCR 435 : (1969) 2 SCC 201
Categories: Judicial Dictionary