Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Refusal to appoint - Revision - Order does not decide any issue nor does it adjudicate any rights of parties for the purpose of suit - Revision not maintainable against such an order...........
Civil Procedure Code, 1908, Section 115 -- Proviso - Revision - High Court can interfere in Revision only in those decisions of trial Court where outcome of order passed ultimately concludes the entire trial itself...........
Civil Procedure Code, 1908, Section 115 -- Revision - Three contingencies when High Court can intervene in an order passed by trial Court are : (a) If the trial court appears to have exercised a jurisdiction that is not legally vested in it; (b) If trial court failed to exercise a jurisdiction that is legally vested in it; (c) If the trial court acted in the exercise of..........
Civil Procedure Code, 1908, Section 115 -- Revision - High Court is empowered to call for record of any case decided by trial Court when no appeal lies to High Court against an order passed by trial Court...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section 115, Order 7, Rule 11, Constitution of India, 1950, Article 226 -- Rejection of plaint - If favourable order is passed U.O.7.R.11 CPC r/w O.2.R.2 CPC then entire suit itself will conclude - Writ petition filed thereagainst is not maintainable in view of equally alternative statutory remedy u/s..........
Civil Procedure Code, 1908, Section 115 -- Revision - Even if proper remedy is to file appeal, right of High Court to exercise its revisional jurisdiction is not taken away in appropriate cases to correct errors that comes to its notice u/s 115 CPC or Art.227 of Constitution...........
Civil Procedure Code, 1908, Section 2(2), 115, Order 7, Rule 11 -- Rejection of plaint - Deemed to be a decree - It is appeal and not revision which is maintainable thereagainst...........
Civil Procedure Code, 1908, Section 115 -- Revision - Against an order refusing to set aside ex parte award passed in proceedings under Motor Vehicle Act not maintainable - Only remedy available is to invoke supervisory jurisdiction of Court u/art 227 of Constitution...........
Civil Procedure Code, 1908, Section 115, Family Courts Act, 1984, Section 19, 10 -- Revision - Order allowing amendment application by Family Court - No avenue of a revision u/s 115 CPC open to a party aggrieved by an order of Family Court - Party aggrieved by an interlocutory order may question it in appeal if it has trappings of a judgment - Revision dismissed being not..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order refusing to appoint Local Commissioner - Does not decide any issue nor does it adjudicate any right or obligation of parties for the purpose of suit - Said order is therefore, not revisable - Revision not maintainable...........
