Civil Procedure Code, 1908, Section 35B, 115, Evidence Act, 1872, Section 115 -- Costs - Accepted under protest reserving right to file revision - Held, when order is passed subject to payment of costs then party accepting costs under protest looses his right to file revision as it amounts to accepting order as correct...........
Civil Procedure Code, 1908, Section 115, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Exparte decree - Setting aside - Application when rejected appeal is provided - Application when accepted no appeal is provided...........
Civil Procedure Code, 1908, Section 115 -- Revision - Jurisdiction of High Court to interfere in revision is very limited only when the lower Court had exercised its jurisdiction illegally or with material irregularity - High Court will be slow to interfere even if the order of lower Court is right or wrong or not in accordance with law - Order appointing Handwriting..........
Civil Procedure Code, 1908, Section 92, 115 -- Refusing to grant sanction to institute a suit or otherwise, the Court is not deciding the rights of the parties - It does not amount to a case decided - Revision against - Not maintainable...........
Civil Procedure Code, 1908, Section 115 -- Defendants request to adduce evidence - Rejected - Revision is maintainable...........
Civil Procedure Code, 1908, Section 115, Order 1, Rule 10 -- Application by defendant to implead some other person as party to suit - Application rejected - Revision against - Defendant has no locus standi to file revision...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Interim injunction - Grant of interim injunction is a matter of discretion of court - If the exercise of discretion is not arbitrary the High Court will not interfere...........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97 -- Police help - Exparte order passed - Held, revision is not maintainable because (i) order is interlocutory and (ii) there is no jurisdictional error...........
Civil Procedure Code, 1908, Section 115, Order 17, Rule 1 -- Adjournment granted to bring stay from High Court-Court acted illegally in granting adjourn-ment and there is illegality or material irregularity in exercise of jurisdic-tion...........
Civil Procedure Code, 1908, Section 115 -- Finding of fact by execution Court that encroachment made by J.D. on disputed land despite prohibition - No interference in revision...........
