Jetpur Nagar Prathmik Shikshan Samiti has filed this revision application under S.115 of the Code of Civil Procedure, challenging the order dated 13.9.1996 passed by the learned Civil Judge (S.D.), Gondal in Civil Execution Application No. 23 of 1996, whereby the learned Judge ordered the present petitioner to pay to the decree-holders the claim amount as per the procedure prescribed by the Director of Education, Gandhinagar. The learned Judge directed the judgment-debtors to pay up the arrears before 26.9.1996, failing which necessary action under the Contempt of the Court Act shall be initiated.
2.I do not find any illegality or material irregularity or jurisdictional error committed by the learned Judge while passing the impugned order.
3.It has been argued by the learned Advocate for the petitioner that the D.E.O. who has not provide the grant was not made a party in the civil suit, and therefore, the order is illegal. The argument is devoid of any merit. The High Court is not bound to interfere in revision under sec. 115 of the Civil Procedure Code in all cases in which it is found that the subordinate Court has acted without jurisdiction or failed to exercise jurisdiction or acted illegally or with material irregularity in the exercise of jurisdiction. The High Court will exercise its revisional powers only in aid of justice and not merely to give effect to a technicality which would not further the ends of justice. Where the High Court finds that substantial justice has been done between the parties by the order of the subordinate, the High Court will not interfere with such order merely because the case comes within any of the three clauses of sec. 115 (see: VASANTRAO LAXMANRAO SAHANE AND ANOTHER vs. SANGHVI AMRITLAL BECHARLAL, VII G.L.R., 840). By ordering the petitioner to pay the arrears of salary to the respondents no. 1 and 2, the learned trial Judge has done substantial justice.
4.In the above view of the matter, no interference by this court under S.115 C.P.Code is called for. Hence the revision application fails and is rejected.
Dt. 26.9.1996.( M. H. Kadri, J. )