Civil Procedure Code, 1908, Section 115, Constitution of India, 1950, Article 227 -- Revision - Interlocutory/discretionary orders - Jurisdiction of High Court to interfere with interlocutory/discretionary orders of trial Courts in the process of adjudication of civil suits is excluded except where civil Court's order would otherwise have had effect of suit itself being..........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115 -- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Revisional jurisdiction of High Court is very limited and same is not akin to appellate jurisdiction - Revisional jurisdiction can be exercised when it is noticed by Court that subordinate Court has exercised jurisdiction not vested in it by law or failed to exercise jurisdiction so vested or has acted in..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Concurrent findings - Appreciation of evidence - Suit for recovery of money - Trial Court clothed with jurisdiction to try the suit decreed the suit on appreciation of evidence - Subsequently, appellate Court also examined the matter de novo and fully concurred with the findings and conclusions of trial..........
Civil Procedure Code, 1908, Section 47, 115 -- Execution - Appointment of Chartered Accountant by High Court for the purpose of determining as to whether decretal debt is satisfied - Issue as to whether decree has been discharged or satisfied has to be determined by Executing Court u/s 47 CPC - Executing Court must execute decree as it stands without adding anything to it..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Declining to appoint - Revision - Order does not decide any rights of parties nor can a Local Commissioner be appointed for collecting evidence on behalf of either of parties, therefore said order is not revisable - Revision being bereft of merit dismissed in limine...........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 2 -- Preliminary issue - Bar to suit - Power of trial Court to dispose - Plea of limitation - If a bar to suit is created by any law for the time being in force, it would be within the power of trial Court to dispose of such suit on that issue by trying that issue first...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local investigation report - Challenge as to - Commissioner's report on ground that he did not superimpose case map and settlement map - Suit for declaration - Commissioner took paddy plot and private plots as fixed points with the help of both parties - Petitioner neither objected to mode of survey though..........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Recovery suit of Rs.25000 - Plaintiff invoking revision u/s 115 CPC in view of bar u/s 102 CPC to filing of second appeal against any decree, when subject matter of Original suit is for recovery of money not exceeding Rs.25,000 - However, remedy for aggrieved person in view of said bar is to file a..........
Civil Procedure Code, 1908, Section 115 -- (as amended in State of U.P) - Revision - Maintainability - Revision is maintainable with regard to original suit or proceedings similar to original suit and is not maintainable with regard to any order passed in an appellate proceeding in State of U.P...........
