Civil Procedure Code, 1908, Section 115, Order 21, Rule 36 -- Execution petition - Order directing delivery of possession to decree holder - Revision against - Mode prescribed for delivery of possession in case was provided under O.21.R.36, CPC - Thus, if disputed order would have been in favour of judgment debtor, proceedings would not get terminated - If at all..........
Civil Procedure Code, 1908, Section 9, Evidence Act, 1872, Section 115 -- Jurisdiction of Civil Court - Estoppel - Suit for possession - Defendants themselves have denied relationship of landlord and tenant - Held, they are estopped to say that civil court has no jurisdiction to try the suit...........
Civil Procedure Code, 1908, Section 115, 144 -- Revision - Order passed in restitution petition u/s 144 CPC - Is a decree - Order is appealable - Revision against - Not maintainable...........
Specific Relief Act, 1963, Section 6, Civil Procedure Code, 1908, Section 115, Rajasthan Court Fees and Suit Valuation Act, 1961, Article 11(p) -- Sch.II, - Court fee - Revision petition - Held, court fee on a revision petition filed u/s 115 of C.P.C. against an order or decree of trial court passed in a suit filed u/s 6 of the Specific Relief Act shall be payable as per..........
Specific Relief Act, 1963, Section 6(3), Civil Procedure Code, 1908, Section 115 -- Suit for possession - Appeal - Maintainability - Held, no appeal lies against decree passed in suit u/s 6 of the Specific Relief Act - However, in such cases where a suit upon title is wrongly treated as a suit u/s 6, an appeal lies - Proper procedure for appellate Court in such case is to..........
Civil Procedure Code, 1908, Section 115, 96, 105 -- Suit barred by limitation - Dismissal of - Revision - Maintainability - Held, dismissal of suit as barred by limitation is final as the adjudication on ground of limitation will have effect of finally disposing of suit, against which, an appeal lies u/s 96 of CPC - Deciding issue of limitation as preliminary issue and..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata - Estoppel by judgment - From facts and compromise decree which was part of record, it is clear that present plaintiffs' father was party and property in dispute was same - Compromise has taken place on certain terms and conditions - From perusal of compromise decree, it clearly appears..........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainable only against finally decided suit or finally decided proceeding - Unless, an order amounts to be a case decided, the provisions of S.115 of the Code cannot be invoked...........
Civil Procedure Code, 1908, Section 115 -- Proviso (as substituted in 2009) - "Other proceedings" - Meaning of - Held, expression "other proceedings" used in S.115(1) and proviso is not used in Contradiction to the expression "suit" and does not refer to interim matters/applications during course of the suit and decided at interim stage i.e. during pendency of the suit -..........
Civil Procedure Code, 1908, Section 115 -- Revision - Parties have been litigating for last 30 years and lot of evidence has been led on record to prove their possession respectively - Held, appellate court would remain confined to read evidence within the scope of pleadings and not beyond that and decide the case as per position which was existing at the time of filing of..........
