Civil Procedure Code, 1908, Section 115 -- Revision - Scope of jurisdiction - Plea regarding false statement of facts regarding pendency of suit cannot be looked into by Revisional court...........
Civil Procedure Code, 1908, Section 115 -- Revision - High Court in revision jurisdiction cannot interfere with the findings of fact recorded by Courts below and reappreciate evidence and interfere with the findings unless it is found that the findings recorded by lower court are perverse or there has been non application of mind...........
Civil Procedure Code, 1908, Section 115 -- Court of law - Dignity and respect - To be maintained by the Court itself - Failure to exercise jurisdiction vested in Court - Amounts to failure to give respect to the proceeding of Court by the Court itself - Interference by High Court in revisional jurisdiction - Warranted...........
Civil Procedure Code, 1908, Section 115(1) -- Constitutional powers of High Courts under Article 227 exist untrammeled by the amendment in S.115 of the Code...........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Constitution of India, 1950, Article 226 and 227 - Revisional jurisdiction - Amendment of plaint - Application for - Dismissal of application after recording reasons held to be an interim order - It will not dispose of the matter hence revision u/S.115 CPC not maintainable - Petition under Articles 226 and 227 of..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and estoppel - Res judicata debars a court from exercising its jurisdiction to determine the lis if it has attained finality between the parties whereas the doctrine issue estoppel is invoked against the party - If an issue is decided against a party then that party is estopped from..........
Civil Procedure Code, 1908, Section 105, 115, Order 41, Rule 1A -- Interlocutory order - Revision - Argument that order closing evidence of plaintiff by trial Court had attained finality and is not appealable repelled - Held that the nature of the order would be covered by the sweep of Section 105 and order 43 Rule 1A CPC - It cannot be concluded that the order is not..........
Civil Procedure Code, 1908, Section 115 -- Interim order or an order which does not finally decide the lis, cannot be challenged by way of a revision petition...........
Civil Procedure Code, 1908, Section 115 -- Eviction order - Upheld upto Supreme Court - Objections in execution petition dismissed by trial court and appeal thereagainst also dismissed - Civil suit filed alongwith an application for ad interim injunction which was declined - Tenant then filed second objection petition reiterating objections earlier raised with additional..........
Civil Procedure Code, 1908, Section 115 -- Interim order or an order which does not finally decide the lis, cannot be challenged by way of a revision petition...........
