Specific Relief Act, 1963, Section 10, Civil Procedure Code, 1908, Order 2, Rule 2, Evidence Act, 1872, Section 115 -- Suit for specific performance - Barred by estoppel - Plea that earlier suit for permanent injunction stood dismissed - Since in both the suits parties and relief sought are entirely different - Suit not barred by estoppel and bar U.O.2.R.2 CPC also not..........
Civil Procedure Code, 1908, Section 115 -- Revision - Renewal of lease - Remitting matter back to Executing Court - Merely because execution petition will revive is no ground to hold that order is not a final order which will bring end of proceedings - If Executing Court accepts the contention of the respondents that the lease could not have been extended, then also it..........
Civil Procedure Code, 1908, Section 115, Madhya Pradesh Accommodation Control Act, 1961, Section 23E -- Eviction petition - Revisional power of High Court - S.23E of the Act bars filing of appeal against order of RCA but confers High Court with revisional powers to test legality, propriety, correctness of order or regularity of proceedings by exercising same power as..........
Civil Procedure Code, 1908, Section 115 -- Revision - Decree of specific performance modified to a decree of refund of sale consideration by High Court in a revision filed against execution proceedings - Such a course is not open in law...........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Stay of operation of order granted during pendency of restoration application - Petitioner has a remedy to file stay vacation application or to pursue restoration application for decision expeditiously - Revision against such an order is not maintainable...........
Civil Procedure Code, 1908, Section 115 -- Revision - Order of appointment of arbitrator - Reversed in appeal - Revisional thereagainst - Revision thereagainst not maintainable...........
Civil Procedure Code, 1908, Section 115, Order 13, Rule 4 -- Marking of document - Rejection of - Revision - Release deed - Defendants openly expressed that they intended to mark document only for purpose of establishing that plaintiff had extinguish her right and title over suit properties in view of release deed executed by her after receiving compensation - Plea taken..........
Civil Procedure Code, 1908, Section 115, Arbitration and Conciliation Act, 1996, Section 37, 16 -- Rejection of application by arbitrator for termination of arbitral proceedings - Revision u/s 115 CPC - Maintainability - As revision u/s 115 CPC lies before High Court only against order in appeal u/s 37 of Arbitration and Conciliation Act and not against arbitrator`s order..........
Civil Procedure Code, 1908, Section 115, Order 18, Rule 17A -- Revision petition - Dismissal of application for leading secondary evidence by Trial Court and Appellate Court - Upon perusal of Will it is found that second page was missing but Will was almost complete as the first page does bear thumb impressions of testator as well as attesting witnesses - Therefore, matter..........
Civil Procedure Code, 1908, Section 115, Order 37, Rule 4 -- Revision - Maintainability - Order passed U.O.37.R.4 CPC is not appealable - Revision against such an order is maintainable...........
