SHIV SHAKTI COOP. HOUSING SOCIETY, NAGPURversusM/S. SWARAJ DEVELOPERS AND ORS.

A              SHIV SHAKTI COOP. HOUSING SOCIETY, NAGPUR
                                   v.
                    MIS. SWARAJ DEVELOPERS AND ORS.

                                   APRIL 17, 2003

B                [SHIV ARAJ V. PATIL AND ARIJJT PASAYA T, JJ.]


          Code of Civil Procedure, 1908-Section 115-Amendment-Ejfect of-
    Suit or other proceeding-Interim order-Revision petition-Maintainability
C   of-Held: Legislative intention is that interim orders cannot be subject matter
    of revision under Section I I 5-Hence revision petition not maintainable-
    Amendment relates to procedure, no person has vested right in a course of
    procedure but only right of proceeding in the manner prescribed-If by a
    statutory change the mode of procedure is altered the parties are to proceed
    according to the altered mode, without exception unless there is a different
D   stipulation-Further section 6 not applicable as no substantive right available
    to party seeking revision under Section I I 5-General Clauses Act, 1897,
    Section 6.

          Interpretation of Statutes:

E        Legislative intent-It is to be gathered from the language used-
    Construction which requires for its support, addition or substitution of words
    or which results in rejection of words as meaningless to be avoided

        Principle of construction-CaSlls omissus and reading statute as


                                                                                     -
    whole-Discussed
F
          legal Maxims:

           "Ad ed quae frequentius accidunt jura adaptantur"-Meaning of

          Words and Phrases:
G
          Appeal-Meaning of

          Section 115 of the Code of Civil Procedure, 1908 was amet1ded by ~ection
    12(i) of the Code of Civil Procedure (Amendment) Act, 1999. Appellants filed
    revision petition before the High Court impugning the interim order. High
H                                        762
            SHIV SHAKTI COOP. HOUSING SOCIETY>. SWfRAJ DEVELOPERS          763
                        '
Court held that the revision petition was not maintainable because of amended     A
Section ll5, as had an order been passed in favour of the party applying for
revision, same would not have finally disposed of the suit or other proceeding.
Hence the present appeals.

       Appellants contended that the High Court erred in disposing of the B
revision petition as not maintainable as the amended provisions do not apply to
petitions which were admitted before the amendment; appeals and revisions
stand on a parallel footing and are vested rights in the appellant/applicant and
as such the amended provisions would not have any application; the applications
for injunction and the like which form subject matter of the revisions relate
to the expression 'other proceeding' and even ifthe amended provisions apply, C
disposal of the revision petition would have meant final dismissal of such 'other
proceeding'; that Section 32(2)(i) of the Amendment Act, does not convey any
meaning; that the legislature always saved pending proceedings in terms of
Section 6 of the General Clauses Act, 1897 and, therefore, proceedings which
were pending before the High Court on the date of amendment are clearly
outside the effect of amendment; and that even if it is conceded for the sake of D
arguments that there is no specific provision in that regard, it is clearly a
case of casus omissus.

      Respondents contended that plain meaning of provisions of a statute have
to be given full effect and that whenever the legislature intended to keep the    E
pending proceedings out of the purview of amended provisions, it was
specifically so provided.

      Dismissing the appeal, the Court

     HELD: I.I. High Courts were right in the conclusion about non-               F
maintainability of revision applications. (778-A)

       1.2. Under Section 115 of the Code of Civil Procedure 1908 the question
is with regard to whether the order in favour of the party applying for revision
would have given finality to suit or other proceeding, if the answer is 'yes' G
then the revision is maintainable, but on the contrary, ifthe answer is 'no'
then the revision is not maintainable. Therefore, if the impugned order is of
interim in nature or does not finally decide the lis, the revision will not be
maintainable. The legislative intent is crystal clear. Those orders, which are
interim in nature, cannot be the subject matter of revision under Section 115.
There is marked distinction in language of Section 97(3) of the Old amendment H
    764                    SUPREME COURT REPORTS                      [2003) 3 S.C.R.

A Act and Section 32(2)(i) of the Amendment Act. While in the former, there
    was clear legislative intent to save applications admitted or pending before the
    amendment came into force, such an intent is significantly absent in Section
    32(2)(i). The amendment relates to procedures. No person has a vested right
    in a course of procedure. He has only the right of proceeding in the manner
B   prescribed. If by a statutory change the mode of procedure is altered the parties
    are to proceed according to the altered mode, without exception, unless there
    is a different stipulation. 1777-B-D]

           2. Section 6 of the General Clauses Act has no application because there
    is no substantive vested right available to a party seeking revision under Section
C   115 of the Code.1777-EI

           3.1. In a case where a particular provision in the statute is omitted and
    in its place another provision dealing with the same contingency is introduced
    without a saving clause in favour of pending proceedings, then it can be
    reasonably inferred that the intention of the legislature is that the pending
D   proceedings shall continue but a fresh pro~eeding for the same purpose may
    be initiated under the new provision.1777-G, Hf

           3.2. It is well settled principle in law that the Court cannot read anything
    into a statutory provision which is plain and unambiguous. A statute is an edict
E   of the Legislature. The language employed in a statute is the determinative
    factor of legislative intent. Words and phrases are symbols that stimulate
    mental references to referents. The object of interpreting a statute is to
    ascertain the intention of the Legislature enacting it. The intention of the
    Legislature is primarily to be gathered from the language used, which means
    that attention should be paid to what has been said as also to what has not been
F   said. As a consequence, a construction which requires for its support, addition
    or substitution of words or which results in rejection of words as meaningless
    has to be avoided. Further it is contrary to all rules of construction to read
    words into an Act unless it is absolutely necessary to do so. Rules of
    interpretation do not permit Courts to do so, unless the provision as it stands
    is meaningless or of doubtful meaning. Courts are not entitled to read words
G   into an Act of Parliament unless clear reason for it is to be found within the
    four corners of the Act itself. 1772-C-G I

         3.3. While interpreting a provision the Court only interprets the law
    and cannot legislate it. If a provision of law is misused and subjected to the
H   abuse of process of law, it is for the legislature to amend, modify or repeal it
            SHIV SHAKTI COOP. HOUSING SOCIETY" SWARAJ DEVELOPERS             765
ifdeemed necessary. (773-C, DI                                                       A
      3.4. A casus omissus cannot be supplied by the Court except in the case
of clear necessity and when reason for it is found in the four corners of the
statute itself but at the same time a casus omissus should not be readily inferred
and for that purpose all the parts of a statute or section must be construed
together and every clause of a section should be construed with reference to         B
the context and other clauses thereof so that the construction to be put on a
particular provision makes a consistent enactment of the whole statute. This
would be more so if literal construction of a particular clause leads to
manifestly absurd or anomalous results which could not have been intended
by the Legislature. (773-E, F(                                                       C
      Shanker Ramchandra Abhyankar v. Krishnaji Daltatraya Bapat, AIR
(1970) SC l; K. Eapen Chako v. The Provident Investment Company (P) Ltd.,
AIR (1976) SC 2610; The State of Kera/av. K.M. Charia Abdulla and Co.,
AIR (1965) SC 1585; Hari Shankar and Ors. v. Rao Girdhari Lal Chowdhury,
AIR (1963) SC 698; Institute a/Chartered Accountants of India v. Mis. Prime D
Waterhouse and Anr., AIR (1998) SC 74; The State of Gujarat and Ors. v.
Dilipbhai Nalhjibhai Pale/ and Anr., JT (1998) 2 SC 253; Jamma Masjid,
Mercara v. Kodimaniandra Deviah and Ors., AIR (1962) SC 847; Union of
India and Ors. v. Filip Tiago De Go:ma of Yedem Vasco De Gama, AIR (1990)
SC 981; Dr. R. Venkatchalam and Ors. etc. v. Dy. Transpor/ Commissioner and
Ors. e/c., AIR (1977) SC 842; Commissioner of Sales Tax, M.P. v. Popular E
Trading Company, Ujjain, (2000( 5 SCC 515; Chappan v. Moidin, 22 Mad 68
and Kolhapur Canesugar Works Ltd. and Anr. v. Union of India and Ors., AIR
(2000] SC 811, referred to.

      AG v. Sil/em, 33 LJ. Ex 209; Ponnamal v. Arumogam, (1905) AC 390; F
Colonial Sugar Refining Company v. Trtin, (1905) AC 368; Crauford v.
Spooner, (1846) 6 Moore PC l; Stock v. Frank Japes (Tipton) Ltd., (1978) 1
All ER 948 (HL); lenigh Valley Coal Co. v. Yensavage, 218 FR 547; Artemiou
v. Procopiou, (1966) 1 QB 878; Luke v. TRC, (1966) AC 557; Fenton v.
Hampton, 11 Moore P.C. 345; Jones v. Smart, I T.R. 52; Grey v. Pearson 6
H.L. Cas. 61; Abley v. Dale 11 C.B. 378 and Miller v. Solomons 7 Exch. 475, G
referred to.

      Oxford Dictionmy, Volume I p.398; law Dictionary by Sweet and law
Dictionary by Bouvier, referred to.

      CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3488 of2003.                   H
    766                    SUPREME COURT REPORTS                     [2003] 3 S.C.R.

A        From the Judgment and Order dated 29.8.2002 of the Mumbai High
    Court in C.R.A. No. 225of1999.
                                         WITH
          C.A. Nos. 3489, 3494-98 and 3499 of2003.

B        G.L. Sanghi, V.A. Mohatha, M.G. Bhangde, Manish Pitale, Chander
    Shekhar Ashri, H.K. Puri, S.K. Puri, Ujjwal Banerjee, Ms. Anindita Gupta, R.
    Santhan Krishnan, C.S.N. Mohan Rao and H.A. Raichura for the Appellant.

          V.A. Bobde, Ramesh P. Bhatt, V.H. Kedar, Uday Umesh Lalit, Mahesh
    Agarwal, Rishi Agrawal, E.C. Agrawal, .Manu Krishnan, S.V. Deshpande,
C   Anirudda P. Mayee, B.M. Kasat, Dr. Kailash Chand. M.N. Shroff, Chirag M.
    Shroff, Mrs. V.D. Khanna, Satyajit Saha, Jugal Kishore and Mrs. K. Sharda
    Devi for the Respondents.

          The Judgment of the Court was delivered by

D         ARIJITPASAYAT,J.Leavegranted.

          A short but important question of law involving effect of amendment
    to Section 115 of the Code of Civil Procedure, 1908 (in short 'the Code') is
    involved in these appeals. Since the answer to the question does not involve
    any factual adjudication, a brief reference thereto would suffice.
E
          By Section 12(i) of the Code of Civil Procedure (Amendment) Act, 1999
    (in short 'the Amendment Act') operative from 1.7.2002, amendments were
    made to Section 115 of the Code. In all these appeals, the concerned High
    Courts held that because of amended Section 115, the revision filed before
    them was not maintainable, as had an order been passed in favour of the party
F   applying for revision, same would not have finally disposed of the suit or
    other proceeding.

           It has been contended by learned counsel for the appellants that the
    High Court went wrong in disposing of the revision applications as not
    maintainable, on several gr'Junds. They are (i)'the amended provisions do not
G   apply to petitions which were admitted before the amendment, (ii) appeals and
    revisions stand on a parallel footing and are vested rights in the appellant/
    applicant, as the case may be, and as such the amended provisions wou Id
    not have any application, and (iii) the applications for injunction and the like
    which form subject matter of the revisions relate to the expression 'other
H   proceeding' and even if the amended provisions apply disposal of the revision
SHIVSHAKTICOOP. HOUSING SOCIETY v. SWARN DEVELOPERS[ARIJITPASAYAT,J.) 767

would have meant final dismissal of such 'other proceeding'.                   A
       With reference to Section 32(2)(i) of the Amendment Act, it is submitted
that the same does not convey any meaning. The legislature always saved
pending proceedings in terms of Section 6 of the General Clauses Act, 1897
(in short 'General Clauses Act') and, therefore, proceedings which were
pending before the High Court on the date of amendment are clearly outside B
the effect of amendment. Even if it is conceded for the sake of arguments that
there is no specific provision in that regard, it is clearly a case of casus
omissus.

      In response, learned counsel for the respondents submitted that plain C
meaning of provisions of a statute have to be given full effect and even a
bare reading of the provisions makes it clear that the High Court's order is
on terra firma. Whenever the legislature intended to keep the pending
proceedings out of the purview of amended provisions, it was specifically so
provided. Reference is made to the amendment in 1976 to the Code which in
Section 97(3) of the Code of Civil Procedure (Amendment) Act, 1976 (in short D
'Old Amendment Act') saved the pending proceedings, ruling out operation
of Section 6 of the General Clauses Act.

       In order to appreciate the rival submissions it will be necessary to take
note of the provisions of Section 115 as they stood before amendment and E
after amendment.
        "Section 115 (before Amendment):

       (I) The High Court may call for the record of any case which has
       been decided by any Court subordinate to such High Court and in
       which no appeal lies thereto, and if such subordinate court appears- F
       (a) to have exercised a jurisdiction not vested in it by law, or
       (b) to have failed to exercise a jurisdiction so vested, or
       (c) to have acted in the exercise of its jurisdiction illegally or with
       material irregularity,                                                  G
       the High Court may make such order in the case as it thinks fit:
       Provided that the High Court shall not, under this section, vary or
       reverse any order made, or any order deciding an issue, in the course
       of a suit or order proceeding, except where -
                                                                               H
    768                 SUPREME COURT REPORTS                      (2003] 3 S.C.R.

A         (a) the order, if it had been made in favour of the party applying for
          revision, would have finally disposed of the suit or other proceeding, or
          (b) the order, if allowed to stand, would occasion a failure of justice
          or cause irreparable injury to the party against whom it was made.
          (2) The High Court shall not, under this section, vary or reverse any
B         decree or order against which an appeal lies either to the High Court
          or to any Court subordinate thereto.
          Explanation: In this section, the expression "Any case which has been
          decided: includes any order made, or any order deciding an issue, in
          the course of a suit or other proceeding."
c
          Section 115 (after Amendmenl):

              (1) The High Court may call for the record of any case which has
          been decided by any Court subordinate to such High Court and in
          which no appeal lies thereto, and if such subordinate court appears-
D         (a) to have exercised a jurisdiction not vested in it by law, or
          (b) to have failed to exercise a jurisdiction so vested.
          (c) to have acted in the exercise of its jurisdiction illegally or with
          material irregularity,
E         the High Court may make such order in the case as it thinks fit:
               Provided that the High Court shall not, under this section, vary
          or reverse any order made, or any order deciding an issue, in the
          course of a suit or order proceeding, except where the order, if it had
          been made in favour of the party applying for revision, would have
F         finally disposed of the suit or other proceedings.
          (2) The High Court shall not, under this section, vary or reverse any
          decree or order against which an appeal lies either to the High Court
          or to any Court subordinate thereto.
G         (3) A revision shall not operate as a stay of suit or other proceeding
          before the Court except where such suit or other proceeding is stayed
          by the High Court.
          Explanation: In this section, the expression "any case which has
          been decided" includes any order made, or any order deciding the
H         issue, in the course of a suit or other proceeding."
 SHIV SHAKTI COOP. HOUSING SOCIETY r. SWARAJ DEVELOPERS [ARIJIT PASAVAT, J.] 769

      A comparison of two provisions shows that while proviso (a) of the un- A
amended provision has been retained in its totality, in the amended provisions
clause (b) of the proviso has been omitted.

       It is to be noted that prior to the amendments to the Code by the Old
Amendment Act, the power of revision was wider. By the amendment, certain
positive restrictions were put on the High Court's power to deal with revisions B
under Section 115. Prior to the said amendment, it was not strictly necessary
that the impugned order would have the result of finally deciding the lis or
the proceedings in the lower courts. In fact, the power could be exercised in
any case where jurisdictional error was committed by the original court or
where substantial injustice had resulted. By the Old Amendment Act, the C
condition of finally deciding of lis and the proceedings in the subordinate
courts was introduced. The proviso which was introduced contains
qualifications which are pre-requisites before exercise of power under Section
 115. They were clauses (a) and (b) of the proviso. Logically, the High Court
has suo motu power to revise an order where total failure of justice would
have occasioned or where irreparable loss would have caused to the parties D
against whom it was made. These powers were retained by clause (b ). Though,
after 1976, the exercise of power was somewhat circumscribed, it was not
totally curtailed. In other words, the High Court could even after the 1976
amendment interfere in cases where there was failure of justice or irreparable
loss caused, the nature of the proceedings was substantially changed and the E
suo motu power of the High Court was retained. It was in the nature of power
of superintendence of the High Court over the subordinate courts. Changes
were related to indicating limitations in exercise of power.

      Even after the amendments in 1976, in 1999 and prior to the amendment
in 1976, the revision power was exercisable in a case where the order or the       p
decree, as the case may be, was not appealable.

      Sub-section (2) which was introduced by the Old Amendment Act and
retained even after present amendment, provides that the High Court shall not
interfere where the order or the decree is appealable in courts subordinate to
the High Court.                                                                G
      It is interesting to note that the Law Commission of India had
recommended deletion of Section 115. In the Law Commission's opinion,
provisions of Section 115 are analogous to provisions of Article 227 of the
Constitution of India, 1950 (in short 'the Constitution') and the litigants
would not be prejudiced in any way if the entire Section is deleted. The Joint H
    770                     SUPREME COURT REPORTS                       [2003] 3 S.C.R.

A Committee of the Parliament discussed these recommendations and only
    thought it proper to make certain modifications in the Section. That led to
    amendment of Section 115 by Old Amendment Act. The deliberations of the
    Committee are reflected in the following words:

                "The Committee, however, feel; that, in addition to the restrictions
B           contained in section 115, an overall restriction on the scope of
            applications for revision against interlocutory orders should be
            imposed. Having regard to the recommendations made by the Law
            Commission in its Fourteenth and Twenty-Seventh Reports, the
            Committee recommended that Section 115 of the Code should be
            retained subject to the modification that no revision application shall
c           lie against an interlocutory order unless either of the following
            conditions is satisfied, namely:-

            i. that if the orders were made in favour of the applicant, it would
            finally dispose of the suit or other proceeding; or
D            ii. that the order, if allowed to stand, is likely to occasion a failure of
            justice or cause in irreparable injury."

          First aspect that has to be considered is the respective scope of appeal
    and revision. It is fairly a well settled position in law that the right of appeal
E   is a substantive right. But there is no such substantive right in making an
    application under Section 115. Though great emphasis was laid on certain
    observations in Shankar Ramchandra Abhyankar v. Krishnaji Daltatraya
    Bapat, AIR (1970) SC I to contend that appeal and revision stand on the same
    pedestal, it is difficult to accept the proposition. The observations in the said
    case are being read out of context. What was held in that case related to the
F   exercise of power of a higher court, and in that context the nature of
    consideration in appeal and revision was referred to. It was never held in that
    case that appeal is equated to a revision.

           Section 115 is essentially a source of power for the High Court to
    supervise the subordinate courts. It does not in any way confer a right on
G   a litigant aggrieved by any order of the subordinate court to approach the
    High Court for relief. The scope for making a revision under Section 115 is
    not linked with a substantive right.

          Language of Sections 96 and 100 of the Code which deal with appeals
H can be compared with Section 115 of the Code. While in the former two
    provisions specifically provide for right of appeal, the same is not the
 SHIVSHAKTI COOP. HOUSING SOCIETY" SWARAJ DEVELOPERS [ARIJIT PASAYAT,J.] 77]

position vis-a-vis section 115. It does not speak of an application being made   A
by a person aggrieved by an order of subordinate court. As noted above,
it is a source of power of the High Court to have effective control on the
functioning of the subordinate courts by exercising supervisory power.
                  l

       An appeal is essentially continuation of the original proceedings and
the provisions applied at the time of institution of the suit are to be operative B
even in respect o(the appeals. That is because there is a vested right in the
litigant to avail the remedy of an appeal. As was observed in K. Eapen Chako
v. The Provident Investment Company (P) Ltd., AIR (1976) SC 2610 only in
cases where vested rights are involved, a legislation has to be interpreted to
mean as one affecting such right to be prospectively operative. The right of C
appeal is only by statute. It is necessary part of the procedure in an action,
but "the right of entering a superior court and invoking its aid and interposition
to redress the error of the courts below. It seems to this paramount right, part
of the progress of the inferior tribunal." (Per Westbury See: AG v. SILL.EM,
33 J.Ex 209. The appeal, strictly so called, is one in which the question is,
whether the order of the Court from which the appeal is brought was right D
on the matrrials which that Court had before it" (Per Lord Devuil Ponnamal
v. Arumogam,• 1905 AC 390. The right of appeal, where it exists, as a matter
of substance ~nd1 not of procedure (Colonial Sugar Refining Company v.
lrtin, 1905 AC 368.

       Right of appeal is statutory. Right of appeal inherits in no one. When E
conferred by statute it becomes a vested right. In this regard there is essential
distinction between right of appeal and right of suit. Where there is inherent
right in every person to file a suit and for its maintainability it requires no
authority of law, appeal requires so. As was observed in The State of Kera/a
v. K.M. Charia Abdulla and Co., AIR (1965) SC 1585, the distinction between F
right of appeal and revision is based on differences implicit in the two
expressions. An appeal is continuation of the proceedings; in effect the
entire proceedings are before the appellate authority and it has power to
review the evidence subject to statutory limitations prescribed. But in the
case of revision, whatever powers the revisional authority may or may not
have, it has no power to review the evidence, unless the statute expressly G
confers on it that power. It was noted by the four-Judges Bench in Hari
Shankar and Ors. v. Rao Girdhari Lal Chowdhwy, AIR (1963) SC 698 that
the distinction between an appeal and a revision is a real one. A right of
appeal carries with it a right of re-hearing on law as well as fact, unless the
statute conferring the right of appeal limits the re-hearing in some way, as has H
                                                                                         )/.



    772                    SUPREME COURT REPORTS                     [2003] 3 S.C.R.

A been done in second appeals arising under the Code. The power of hearing
    revision is generally given to a superior Court so that it may satisfy itself that
    a particular case has been decided according to law. Reference was made
    to Section 115 of the Code to hold that the High Court's powers under the
    said provision are limited to certain particular categories of cases. The right
    there is confined to jurisdiction and jurisdiction alone.
B
           As regards the field of operation of amended provision, it is to be noted
    that the language of amended provision is clear.

         It is well settled principle in law that the Court cannot read anything
  into a statutory provision which is plain and unambiguous. A statute is an
C edict of the Legislature. The language employed in a statute is the determinative
  factor of legislative intent. Words and phrases are symbols that stimulate
  mental references to referents. The object of interpreting a statute is to
  ascertain the intention of the Legislature enacting it. (See Institute ofChartered
  Accountants of India v. Mis Price Waterhouse and Anr., AIR (1998) SC 74.
D The intention of the Legislature is primarily to be gathered from the language
  used, which means that attention should be paid to what has been said as
  also to what has not been said. As a consequence, a construction which
  requires for its support, addition or substitution of words or which results in
  rejection of words as meaningless has to be avoided. As observed in Crai1ford
  v. Spooner, (1846) 6 Moore PC I, Courts, cannot aid the Legislature~· defective
E phrasing of an Act, we cannot add or mend, and by construction make up
  deficiencies which are left there. (See The State of Gujarat and Ors. v.
  Dilipbhai Nathjibhai Patel and Anr., JT (1998) 2 SC 253. It is contrary to all
  rules of construction to read words into an Act unless it is absolutely
  necessary to do so. (See Stock v. Frank Jones (Tiptan) Ltd., ( 1978) I All ER
F 948 (HL). Rules of interpretation do not permit Courts to do so, unless the
  provision as it stands is meaningless or of doubtful meaning. Co.urts are. not
  entitled to read words into an Act of Parliament unless clear reason for it is
  to be found within the four corners of the Act itself. (Per Lord Loreburn L.C.
  in Vickers Sons and Maxim ltd. v. Evans, (1910) AC 445 (HL), quoted in
  Jamma Masjid, Mercara v. Kodimaniandra Deviah and Ors., AIR (1962) SC
G 847).
        The question is not what may be supposed and has been intended but
  what has been said. "Statutes should be construed not as theorems of
  Euclid". Judge Learned Hand said, "but words must be construed with some
H imagination of the purposes which lie behind them". (See
 SHIVSHAKTI COOP. HOUSING SOCIETY 1•. SWARAJ DEVELOPERS [ARIJITPASAYAT, J.] 773

lenigh Valley Coal Co. v. Yensavage, 218 FR 547). The view was re-iterated        A
in Uni~n of India and Ors. v. Filip Tiago De Gama of Vedem Vasco De Gama,
AIR (1990) SC 981.

       ln1 Dr. R. Ve11katchala111 and Ors. etc. v. Dy. Transport Commissioner
and Ors. etc., AIR (1977) SC 842, it was observed that Courts must avoid the
danger of apriori determination of the meaning of a provision based on their      B
own pre-conceived notions of ideological structure or scheme into which the
provision to be interpreted is somewhat fitted. They are not entitled to usurp
legislative function under the disguise of interpretation.

      While interpreting a provision the Court only interprets the law and
cannot legislate it. If a provision of law is misused and subjected to the abuse C
of process of law, it is for the legislature to amend, modify or repeal it, if
deemed necessary. (See Com111issioner of Sales Tax, MP. v. Popular Trading
Co111pany, Ujjain, [2000] 5 SCC 515. The legislative casus omissus cannot be
supplied by judicial interpretative process.
                                                                                  D
       Two principles of construction - one relating to casus omissus and the
other in regard to reading the statute as a whole - appear to be well settled.
Under the first principle a casus omissus cannot be supplied by the Court
except in the case of clear necessity and when reason for it is found in the
four comers of the statute itself but at the same time a casus omissus should
not be readily inferred and for that purpose all the parts of a statute or section E
must be construed together and every clause of a section should be construed
with reference to the context and other clauses thereof so that the construction
to be put on a particular provision makes a consistent enactment of the whole
statute. This would be more so if literal construction of a particular clause
leads to manifestly absurd or anomalous results which could not have been F
intended by the Legislature. "An intention to produce an unreasonable
result", said Danackwerts, L.J. in Arte111iou v. Procopiou, (1966) I QB 878, "is
not to be imputed to a statute if there is some other construction available".
Where to apply words literally would "defeat the obvious intention of the
legislation and produce a wholly unreasonable result" we must "do some
violence to the words" and so achieve that obvious intention and produce G
a rational construction. (Per Lord Reid in Luke v. IRC, (1966) AC 557 where
at p. 577 he also observed: "this is not a new problem, though our standard
of drafting is such that it rarely emerges".

      It is then true that, "when the words of a law extend not to an
inconvenience rarely happening, but do to those which often happen, it is         H
    774                    SUPREME COURT REPORTS                     [2003] 3 S.C.R.

A good reason not to strain the words further than they reach, by saying it is
    casus omissus, and that the law intended quae frequentius accidunt." "But,
    on the other hand," it is no reason, when the words of a law do enough
    extend to an inconvenience seldom happening, that they should not extend
    to it as well as if it happened more frequently, because it happens but seldom"
    (See Fenton v. Hampton I I Moore, P.C. 345). A casus omissus ought not to
B   be created by interpretation, save in some case of strong necessity. Where,
    however, a casus omissus does really occur, either through the inadvertence
    of the legislature, or on the principle quod semel aut bis exist it proetereunt
    legislators, the rule is that the particular case, thus left unprovided for, must
    be disposed of according to the law as it existed before such statute - Casus
C   omissus et oblivioni datus dispositioni communis juris relinquitur; "a casus
    omissus," observed Buller, J. in Jones v. Smart (1 T.R. 52), "can in no case
    be supplied by a court of law, for that would be to make laws."

        The golden rule for construing wills, statutes, and, in fact, all writtf'n
  instruments has been thus stated: "The grammatical and ordinary sense of the
D words is to be adhered to unless that would lead to some absurdity or some
  repugnance or inconsistency with the rest of the instrument, in which case
  the grammatical and ordinary sense of the words may be modified, so as to
  avoid that absurdity and inconsistency, but no further" (See Grey v. Pearson
  6 H.L. Cas. 61). The latter part of this "golden rule" must, however, be applied
  with much caution. "if," remarked Jervis, C.J., "the precise words used are
E plain and unambiguous in our judgment, we are bound to construe them in
  their ordinary sense, even though it lead, in our view of the case, to an
  absurdity or manifest injustice. Words may be modified or varied where their
  import is doubtful or obscure. But we assume the functions of legislators
  when we depart from the ordinary meaning of the precise words used, merely
F because we see, or fancy we see, an absurdity or manifest injustice from an
  adherence to their literal meaning" (See Abley v. Dale I I, C.B. 378).

          At this juncture, it would be necessary to take note of a maxim "Ad ea
    quae frequentius accidunt jura adaptantur" (The laws are adapted to those
    cases which more frequently occur).
G         Laws ought to be, and usually are, framed with a view to such cases
    as are of frequent rather than such as are of rare or accidental occurrence;
    or, in the language of the civil law, )us constitui oportet in his quoe 111
  plurimum accidunt, 11011 quoe ex i11opinato; for, neque leges neque                   •
  senatusconsulta ita scribi possunt 111 omnes casus qui quandoque inciderint
H comprehendantur, sed sufficit ea quoe plerumque accident contineri; laws              -
        SHIVSHAKTI COOP HOUSING SOCIETY r. SWARAJ DEVELOPERS [ARIJIT PASAYAT,J.I 775

           cannot be so worded as to include every case which may arise, but it is A
    ·- . sufficient if they apply to those things which most frequently happen. All
           legislation proceeds upon the principle of providing for the ordinary course
           of things, and to this principle frequent reference is to be found, in the
           reports, in answer to arguments, often speciously advanced, that the words
           of an Act cannot have a particular meaning, because in a certain contingency
           that meaning might work a result of which nobody would approve. In Miller B
           v. Salomons, (7 Exch. 475) it was argued that Parliament could not have
           intended that a Jew, before sitting in the House of Commons, must use the
           words "on the true faith of a Christian," prescribed in the oath of abjuration
           of 6 Geo. 3, c.53, because any person, refusing to take the same oath when
           tendered by two justices, would, under the I Geo. I, st.2, c.13, be deemed to C
           be a popish recusant, and would be liable to penalties as such; and to enforce
        .. these provisions against a Jew, it was said, would be the merest tyranny. But
           Baron Parke thus replied to this argument: -"lfin the vast majority of possible
           cases -in all of ordinary occurrence - the law is in no degree inconsistent or
           unreasonable construed according to its plain words, it seems to me to be an
           untenable proposition, and unsupported by authority, to say that the D
           construction may be varied in every case, because there is one possible but
'          highly improbably one in which the law would operate with great severity, and
           against our own notions of justice. The utmost that can be reasonably
           contended is, that it should be varied in that particular case, so as to obviate
           that injustice -no further."                                                     E
              Appeal is the right of entering a superior Court and invoking its aid and
       interposition to redress the error of the court below. (per Westbury1 C., A.G.
       v. Sil/em, I 0 1-ILC 704 = 33 LJ ex.209).

             "Appeal", is defined in the Oxford Dictionary, volume I, page 398, as the F
       transference of a case from an inferior to a higher Court or tribunal in the hope
       of reversing or modifying the decision of the former. In the Law Dictionary
       by Sweet, the term "appeal" is defined as a proceeding taken to rectify an

-      erroneous decision of a Court by submitting the question to a higher Court
       or Court of appeal, and it is added that the term, therefore, includes, in
       addition to the proceedings specifically so called, the cases stated for the G
       opinion of the Queen's Bench Division and the Court of Crown Cases reserved,
       and proceedings in error. In the Law Dictionary by Bouvier an appeal is
       defined as the removal of a case from a Court of inferior to one of superior
       jurisdiction for the purpose of obtaining a review and re-trial, and it is
       explained that in its technical sense it differs from a writ of error in this, that H
    776                      SUPREME COURT REPORTS                    [2003 I 3 S.C.R.

A it subjects both the law and the facts to a review and re-trial, while the latter
    is a Common Law process which involves matter of law only for re-examination;
    it is added, however, that the term "appeal" is used in a comprehensive sense
    so as to include both what is described technically as an appeal and also the
    common law writ of error. As Mr. Justice Subramania Ayyar observes in
    Chappan v. Moidin, 22 Mad 68 at p.80 the two things which are required to
B   constitute appellate jurisdiction are the. existence of the relation of superior
    and inferior Court and the power, on the part of the former, to review decisions
    of the latter.

          Sub-section (2) of Section 115 has remained unaltered even after the
C amendment by the Amendment Act. A new sub-section (3) has been added
    in Section 115 by the Amendment Act which states that revision shall not
    operate as a stay of suit or other proceeding before the Cou1t except where
    such suit or other proceeding is stayed by the High Court.

          In Section 2, the expressions 'decree' and 'order' have been defined in
D clauses (2) and (14) respectively. It is to be noted that it matters little that the
  judgment is styled as an "order". If, in fact, it fulfils the conditions of the
  definition u11der Section 2(2), it is a decree and becomes appealable. Orders
  that are not appealable are, generally speaking, those which are procussual
   i.e. interlocutory or incidental orders regulating proceedings but not deciding
  any of the matters of controversy in the suit. Order 43 deals with the "appeals
E from orders". These appeals lie under Section I 04 of the Code. The said
  Section deals with appeals from orders and specifies the orders from which
  appeals can lie. Sub-section (2) of Section I04 says that no appeal shall lie
  from any order passed in appeal under the said Section. Section I04 and Order
  43 Rule I contain a full list of appealable orders. An order which amounts to
F a decree within Section 2(2) does not fall within Section I 04 and the only
  applicable section is Section 96. Clauses (a) to (f) of Section 104 were omitted
  by Arbitration Act 1940. Section I 05 relates to other orders. It, inter a/ia,
   relates to any order i.e. so appealable as well as non-appellable orders. It is
   in the nature of a prohibition stipulating that save as otherwise expressly
   provided, no appeal shall lie from any order made by a Court in exercise of
G original or appellate jurisdiction; but where a decree is appealed from, any
  error, defect or irregularity in any order, affecting the decision of the case, may
  be set fo1th as a ground of objection in the memorandum of appeal. Sub-
   section (2) deals with case of remand. This section, in fact, contemplates two
  things i.e. (I) regular appeal from decree; and (2) the provision relating to          ..._
H grant of objection relating to interim order. Order 43 Rule I is an integral pait       «
      SHIV SHAKTI COOP. HOUSING SOCIETY 1•. SW ARAJ DEVELOPERS [ARIJIT PASAYA T. J ] 777

    - of Section I04.                                                                      A
            A plain reading of Section 115 as it stands makes it clear that the stress
     is on the question whether the order in favour of the party applying for
     revision would have given finality to suit or other proceeding. If the answer
     is 'yes' then the revision is maintainable. But on the contrary, ifthe answer
     is 'no' then the revision is not maintainable. Therefore, if the impugned order B
     is of interim in nature or does not finally decide the lis, the revision will not
     be maintainabie. The legislative intent is crystal clear. Those orders, which are
     interim in nature, cannot be the subject matter of revision under Section 115.
     There is marked distinction in language of Section 97(3) of the Old Amendment
     Act and Section 32(2)(i) of the Amendment Act. While in the fo1TI1er, there was C
     clear legislative intent to save applications admitted or pending before the
     amendment came into force. Such an intent is significantly absent in Section
     32(2)(i). The amendment relates to procedures. No.person has a vested right
     in a course of procedure. He has only the right of proceeding in the manner
     prescribed. If by a statutory change the mode of procedure is altered the
     parties are to proceed according to the altered mode, without exception, D
     unless there is a different stipulation .
•
            Section 6 of the General Clauses Act has no application because there
     is no substantive vested right available to a party seeking revision under
     Section 115 of the Code. In Kolhapur Canesugar Works Ltd. and Anr. v. E
     Union of India and Ors., AIR (2000) SC 811, it was observed that if a
     provision of statute is unconditionally omitted without a saving clause in
     favour of pending proceedings, all actions must stop where the omission
     finds tl;em, and if final relief has not been granted before the omission goes
     into effect, there is no scope for granting it afterwards. There is modification
     of this position by application of Section 6 of the General Clauses Act or by F
     making special provisions. Operation of repeal or deletion as to the future and
     the past largely depends on the savings applicable. In a case where a particular
     provision in the statute is omitted and in its place another provision dealing
     with the same contingency is introduced without a saving clause in favour
     of pending proceedings, then it can be reasonably inferred that the intention G
     of the legislature is that the pending proceedings shall continue but a fresh
     proceeding for the same purpose may be initiated under the new provision.

            In view of what has been stated above the inevitable conclusion is that
     the High Com1s were right in the conclusion about non-maintainability of
     revision applications.                                                         H
    778                     SUPREME COURT REPORTS                  [2003] 3 S.C.R.

A         It was submitted by learned counsel for the appellants that even if the
    revision applications are held to be not maintainable, there should not be a
    bar on challenge being made under Article 227 of the Constitution. It was
    submitted that an opportunity may be granted to the appellants to avail the
    remedy.

B         If any remedy is available to a pa1ty under any statute no Iiberty is
    necessary to be granted for availing the same. If the appellants avail such
    remedy, the same shall be dealt with in accordance with law.

          The appeals are dismissed. No costs.
c N.J.                                                       Appeals dismissed.




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