Australanka Exporters Pvt Ltd. v. Indian Bank – sllr 2001 volume 2 page 156

In the case between Australanka Exporters Pvt Ltd (Plaintiff/Respondent) and Indian Bank (Defendant/Petitioner), the court addressed the issue of whether an ex parte order entered by the Commercial High Court in a hypothecary action could be set aside by way of revision, and whether the Court of Appeal possessed jurisdiction to entertain such revision applications arising from High Court judgments. It was held that revision was not an available remedy for setting aside the ex parte decree entered pursuant to Section 88(2) of the Civil Procedure Code, as Section 59 of the Mortgage Act expressly prevented such decrees from being set aside under the provisions governing default judgments. Jurisdiction to appeal judgments and orders of the High Court of the Provinces is exclusively vested in t