JUDGMENT : Pradeep Nandrajog, J. 1. Whether a Judgment passed in Appeal by the Additional District Judge setting aside a Judgment and Decree passed by the Small Causes Court is amenable to a challenge under Article 227 of the Constitution of India or whether the only remedy is to approach the court exercising revisional jurisdiction under Section 115 of the C.P.C. arises for consideration as per reference made to the Division Bench vide order dated 25.07.2007. 2. The issue has been settled by the Supreme Court in the decision reported as (2003) 6 SCC 675 : [2003 (4) ALL.M.R. 761 (S.C.)] Surya Dev Rai vs. Ram Chander Rai & Ors. holding that power of the High Court under Article 226 and 227 of the Constitution is always in addition to the revisional jurisdiction conferred on it. It has been held that power under Article 227 of the Constitution cannot be whittled down by Section 115 of C.P.C. 3. That apart, Section 8 of the Code of Civil Procedure, 1908 states that save as provided in Sections 24, 38 to 41, 75(a), (b) and (c), 76, 77, 157 and 158 of the Code as also the Presidency Small Cause Courts Act, 1882 the provisions in the body of the Code of C.P.C. shall not extend to any suit or proceeding in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay. 4. Thus, without being repetitive, and guided by the decision of the Supreme Court in Surya Dev Rai's, [2003 (4) ALL.M.R. 761 (S.C.)] case (Supra), we declare that the instant Writ Petition under Article 227 of the Constitution of India is maintainable. 5. The reference is answered and thus the Writ Petition be placed before the learned Single Judge.