Civil Procedure Code, 1908, Section 115 -- Order that preliminary issue should be taken first for decision - Order cannot be interfered in revision...........
Civil Procedure Code, 1908, Section 115 -- Mortgage decree with no order as to sale of the mortgaged properties In exceptional circumstances the executing court where equity demands it, a discretion to regulate the order in which the mortgaged properties ought to be sold - Order refusing marshaling passed by executing court in its inherent powers High Court not to..........
Civil Procedure Code, 1908, Section 115, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1 - - Plaint returned to be presented in proper court - Order is appealable U/O.43.R.1 and no revision lies...........
Civil Procedure Code, 1908, Section 115, Order 7, Rule 11 -- Plaint rejected U/O.7.R.11 CPC - Appeal lies - Revision not maintainable...........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5 -- Stay of suit in appeal or in revision - Interim reliefs can be granted - During the pendency of a stay order passed by the appellate or the revisional Court, although the trial Court or the Court below may not have any jurisdiction to proceed with the trial of the suit on merits, it can certainly take such other..........
Civil Procedure Code, 1908, Section 115, Order 18, Rule 3 -- Right to let evidence in rebuttal - Permission to reserve the right refused Not a case decided within the meaning of S.115 CPC...........
Civil Procedure Code, 1908, Section 115, Order 9, Rule 13 -- Ex-parte decree set aside - Order without jurisdiction and in violation of express provisions In revision High Court can set aside the order - Ex-parte order set aside subject to payment of Costs Rs.100/-, Rs. 100/- costs received and receipt to the effect that `Received Rs.100/- without prejudice to file..........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1 -- Temporary injunction granted prima facie case and balance of convenience in favour - No error of jurisdiction calling for interference u/s 115 CPC...........
Civil Procedure Code, 1908, Section 115 -- High Court not to entertain revision applications on question of court fee, when no question of jurisdiction of the court to try the suit is involved...........
Civil Procedure Code, 1908, Section 115 -- Framing of issues - Order allowing or refusing to frame additional or new issue not revisable unless perverse - Held, that the power of revision under S.115 of the Code is discretionary. If the trial Court does not frame the issues properly there is the appellate court where proper issues can as formulated and findings given. If..........
