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 - High Court has power to call for original records and examine the same in a revision u/s 115(1) CPC even in absence of a specific contention being raised by petitioners...........
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, 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 - Revisional jurisdiction u/s 115 CPC is not to correct mistake of fact and to substitute its own findings by Revisional Court...........
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..........
Civil Procedure Code, 1908, Section 115 -- Revision - High Court in exercise of its revisional powers may call for record of any case decided by any subordinate Court to it, if such subordinate Court appears to have exercised jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegal or with..........
Civil Procedure Code, 1908, Section 115 -- Revision - An order passed by a subordinate Court can be interfered with only if it exercised its jurisdiction, not vested in it by law or has failed to exercise its jurisdiction so vested or has acted in exercise of jurisdiction illegally or with material irregularity...........
