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...........
Civil Procedure Code, 1908, Section 115 -- Call for records - Jurisdiction - High Court can call for records from any subordinate Court and interfere with the orders, if Court below failed to exercise jurisdiction so vested in it or to exercise jurisdiction not vested by any law or to have acted in exercise of jurisdiction illegally or material irregularity...........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97 -- Order rejecting application U.O.21.R.97 CPC - Revision - Maintainability - Order passed without considering specific contention urged by petitioner - Said order is tainted by jurisdictional error etc., therefore, it is revisable u/s 115 CPC...........
Civil Procedure Code, 1908, Section 47, 115 -- Execution - Auction of property on failure of husband to pay maintenance - Property purchased by wife - Application by wife for delivery of possession - Respondent opposed application claiming to be auction purchaser through DRT - However, perusal of records shows that specific plea taken by husband that suit property belongs..........
Civil Procedure Code, 1908, Section 115 -- Revision - Order finally deciding temporary injunction application - Not an interlocutory order - Appeal/Revision against such an order is maintainable...........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - High Court in its revisional jurisdiction to see only whether findings are illegal or perverse in the sense that a reasonably informed person will not enter such finding - High Court shall not exercise its power as appellate power to re-appreciate or reassess evidence for coming to different finding on..........
Civil Procedure Code, 1908, Section 115(3)(as -- Revision - Irreparable loss - Mere inconvenience to a party by not consolidating the suit, would not fall within the ambit of irreparable loss - Revisional Court over looked the restriction placed upon it u/s 115(3) CPC by interfering the order rejecting consolidation of suits by Trial Court - Impugned order of allowing..........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Ex parte injunction order - Order is appealable U.O.41.R.1(r) CPC - Revision against same is not maintainable, as remedy of revision u/s 115 CPC is available against orders against which statutory appeal is not provided...........
Civil Procedure Code, 1908, Section 115 -- Revision - Against an order relating to adequacy of Court fee paid by plaintiff - Not maintainable, as the object of Court fee Act is to collect revenue for the benefit of State and it cannot be used by defendant to obstruct the progress of suit...........
