Civil Procedure Code, 1908, Section 115 -- Revision - Finding of fact on a particular issue recorded by first appellate Court is usually binding on High Court while hearing revision against such order - Interference permissible only when any finding of fact is found to be wholly perverse or de hors to any provision of law or is recorded contrary to pleadings and evidence..........
Civil Procedure Code, 1908, Section 2(2), 96, 115, Order 7, Rule 11 -- Rejection of plaint - Order amounts to a decree - It is appeal and not revision which lies thereagainst...........
Civil Procedure Code, 1908, Section 115 -- Revisional Court - Has ample power to quash any proceeding which is being proceeded without valid sanction of law...........
Civil Procedure Code, 1908, Section 115 -- Revision - Suit for permanent injunction - Court fee - Payment of Court fee is always a matter between Court and plaintiff and defendants have no legal right to challenge the insufficiency of Court fee by revision or by any way - Moreover, maximum payable Court fee for relief of permanent injunction is Rs.500 which is already paid..........
Civil Procedure Code, 1908, Section 115 -- Revision - Plea of defendant of insufficient court fee - Decided against defendant - Revision against - Revision is maintainable only when impugned order gives finality to the suit or other proceedings - Since impugned order does not give finality to the suit as such revision is not maintainable - Petition dismissed...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Order rejecting commissioner's report - Order of acceptance and rejection of commissioner's report is an interlocutory order and revision against same is not maintainable...........
Civil Procedure Code, 1908, Section 115(1) -- Revision - If subordinate Court has jurisdiction to adjudicate lis brought before it, it may decide it rightly or wrongly, whether it is a question of law or fact - This itself would not make such a case fall u/s 115 CPC...........
Civil Procedure Code, 1908, Section 115(1) -- Revision - Material irregularity in exercise of jurisdiction does not cover either errors of fact or law...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order refusing to appoint local commissioner - Revision against - Not maintainable, as it is primarily against discretion and domain of Court below...........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Order dismissing petition filed for marking Xerox copy of Will - Revision against said order is not maintainable as order cannot be said to be one which would have resulted in final disposal of suit - Revision dismissed...........
