Civil Procedure Code, 1908, Order 15, Rule 5 -- Delay in depositing rent U.O.15.R.5 CPC - Adjustment of amount deposited u/s 30(2) of U.P Act - Deposit made u/s 30(2) of U.P Act by tenant had not been held to be validly made in Misc. case - Finding now operates as res judicata - Part of prayer in application now made which asks for adjustment of amount deposited u/s 30(2)..........
Civil Procedure Code, 1908, Section 115, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application by holding that matter has to be decided by formulation of an issue and appreciation of evidence - - Order does not fall within ambit of a `case decided' or an `issue decided' - No interference warranted in revision against such an order...........
Civil Procedure Code, 1908, Section 115 -- Revision - Dismissal of application for condonation of delay in seeking setting aside ex parte decree - High Court cannot set aside ex parte decree itself by invoking power u/art 227 of Constitution, as powers of High Court u/art 227 of Constitution are in addition to and wider than powers u/s 115 CPC...........
Civil Procedure Code, 1908, Section 115, 10 -- Revision - Order rejecting application u/s 10 CPC - Revision against such an order is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 39, Rule 2A -- Application U.O.39.R.2-A - Dismissal in default - Restoration - Revision against - Once trial court comes to conclusion that proceedings were liable to be restored back, unless gross illegality is pointed out in exercise of discretion, jurisdiction u/s 115 CPC cannot be invoked..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Rejection of application - It is appeal and not revision which is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint - Appeal lies thereagainst - However, when application is dismissed, it is Revision which lies against such an order - Petition under Article 227 against such an order is not maintainable...........
Civil Procedure Code, 1908, Section 96, 115, Order 7, Rule 11 -- Rejection of plaint - Order allowing application - It is appeal and not revision which lies thereagainst - However, where application is rejected it is revision which lies against such an order...........
Civil Procedure Code, 1908, Section 115 -- Revision - Dismissal of application for condonation of delay in filing first appeal - Application for condonation of delay dismissed, consequently appeal is barred by time and thus, also dismissed - Decree sheet be prepared accordingly - Once decree sheet has been prepared, defendants cannot merely challenge order dismissing their..........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5 -- Stay of execution - Revision - Execution proceedings cannot be resisted in revision when main appeal before High Court is yet to be argued either on stay matter or in main appeal - Petitioner has remedy of appeal against appellate decree and judgment to press his application U.O.41.R.5 CPC, if any which decree is..........
