Civil Procedure Code, 1908, Section 115 -- Revision - Executing Court contemplated enquiry for ascertaining whether land in question is part of executable decree - Enquiry report does not fall within purview of "any case which has been decided by any Court subordinate to such High Court" - Powers u/s 115 CPC cannot be invoked for challenging enquiry report...........
Civil Procedure Code, 1908, Section 115 -- Revision - Appellate order passed by District Judge in Succession certificate case, would be revisable u/s 115 CPC in view of provision u/s 388(3) of Succession Act and S.115 CPC...........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Amendment of valuation of suit - Revision - Permission to amendment in valuation of suit cannot be given a status of a case decided - Revision against such interlocutory order of allowing amendment application qua valuation of suit not maintainable unless it affect jurisdiction of Court - Revision petition..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Dismissal of application U.O.26.R.9 CPC not on merit but taking a pedantic view - Court has exercised its jurisdiction illegally and with material irregularity - Revision lies against such order in view of S.115 CPC (As in U.P.)...........
Civil Procedure Code, 1908, Section 115, Order 9, Rule 13, Constitution of India, 1950, Article 227 -- Ex parte decree - Remedy of appeal thereagainst is available - High Court ought not to have entertained revision application u/s 115 CPC and u/art 227 of Constitution...........
Civil Procedure Code, 1908, Order 9, Rule 13, Constitution of India, 1950, Article 227 -- Ex parte decree - Setting aside - High Court while setting aside ex parte decree commented upon legality and validity of judgment and decree passed by trial Court - Before considering judgment and decree on merits and/or expressing anything on merits on legality and validity of..........
Civil Procedure Code, 1908, Section 115 -- Revision - Non-affixation of proper Court fee on plaint - Question of affixation/payment of Court fee is between plaintiff and State and defendant had no right to move superior Courts by way of appeal or revision petition in eventuality said question having been decided against him - Revision petition dismissed being not..........
Civil Procedure Code, 1908, Section 115(1) -- (as applicable in UP), O.6.R.17 - Revision - Decision on an application U.O.6.R.17 CPC would amount to a case decided, as order deciding amendment application would have a direct bearing on right of either parties, if it is allowed or rejected - Revision would lie against such an order...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Refusal to appoint - Revision against - Order refusing to appoint local Commissioner does not decide any issue nor does it adjudicate any rights of parties for the purpose of suit and hence not a revisable order - Revision petition dismissed...........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment) - Revision - Revisional Court being High Court or District Court, as the case may be can reverse an order which would finally dispose of suit or other proceeding - High Court thus, was not right in holding that revisional Court had no jurisdiction to reject the plaint filed U.O.7.R.11 CPC, as reasoning of High..........
