Civil Procedure Code, 1908, Section 115 -- Trial Court held that it had no jurisdiction - Appellate Court held that it had jurisdiction Revision lies...........
Civil Procedure Code, 1908, Section 115 -- Conversion of appeal into revision - It is a discretionary matter - Held, that conversion of appeal into revision is a discretionary power, we find that the defendant appellant did not inform the trial court that it had lost jurisdiction to continue to try the suit because of the coming into force of S.9 of the Civil Laws..........
Civil Procedure Code, 1908, Section 115, Order 33, Rule 1 -- Pauper application rejected - Is case decided and is revisable - Held that `this order goes to the root as once such a poor claimant is not permitted to sue as pauper, his suit would be frustrated - The order would, therefore, be a final order against which a revision application could surely lie. Besides, the..........
Civil Procedure Code, 1908, Section 115 -- Stay of execution by appellate Court is not case decided - No revision lies...........
Civil Procedure Code, 1908, Section 115 -- High Court can interfere where the lower courts had exercised jurisdiction where it had none or had exercised it illegally or with material irregularity...........
Civil Procedure Code, 1908, Section 115, 10 -- Order on an application u/s 10 CPC refusing to stay suit amounts to case decided and revision lies thereto - Held, that the expression `case' is of much wider amplitude than the word `suit'. Whereas the interlocutory order in a suit does not amount to case decided, the final disposal of an application u/s 10 of the Code of..........
Civil Procedure Code, 1908, Section 115 -- Document admitted at late stage is not a case decided - Revision does not lie...........
Civil Procedure Code, 1908, Section 115 -- Whether incompetent revision can be returned to be filed as an appeal? No. - Held, `In my opinion, when the revision petition itself is not maintainable, the question of returning it for presentation to another Court subordinate to this Court in the form of an appeal does not at all arise, and As benefit of R.10 of O.7 CPC cannot..........
Civil Procedure Code, 1908, Section 115 -- Change of onus an issue - Revision maintainable - Held that `Placing of onus of an issue, in the light of the provisions of S.101 to 103 of the Indian Evidence Act, assumes great importance. When the plaintiff alleges existence of certain facts on which he bases his claim, an obligation is cast on him to prove the existence of..........
Civil Procedure Code, 1908, Section 115 -- Order imposing a condition touches on the question of jurisdiction of the court itself to adjudicate the dispute between the parties on merits Order is revisable - Held, that `if therefore two views are possible, the court would, having regard to its anxiety to do justice, opt for the view which promotes the cause of justice and..........
