Civil Procedure Code, 1908, Section 115 -- Revision - High Court empowered to interfere with the findings of facts only if findings of facts are perverse - High Court cannot reappreciate the evidence in its revisional jurisdiction...........
Constitution of Jammu and Kashmir, Section 104, Jammu and Kashmir Civil Procedure Code, 1977 , Section 115 -- Writ jurisdiction - Scope - Powers vested u/s 104 of Constitution of Jammu and Kashmir is not a substitute for revisional powers vested in Civil Court u/s 115 CPC - Once revision petition against order passed by Civil Court is barred, then Court would be loath to..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Dismissal of application - Revision against same is not maintainable...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Appointment declined - Order is not revisable...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 10 -- Local commissioner - Order declining to appoint - Revision thereagainst, held, not maintainable...........
Civil Procedure Code, 1908, Section 115 -- Revision - Finding of fact on a particular issue recorded by first appellate Court is usually binding on High Court while hearing revision against such order - Interference permissible only when any finding of fact is found to be wholly perverse or de hors to any provision of law or is recorded contrary to pleadings and evidence..........
Civil Procedure Code, 1908, Section 2(2), 96, 115, Order 7, Rule 11 -- Rejection of plaint - Order amounts to a decree - It is appeal and not revision which lies thereagainst...........
Civil Procedure Code, 1908, Section 115 -- Revisional Court - Has ample power to quash any proceeding which is being proceeded without valid sanction of law...........
Civil Procedure Code, 1908, Section 115 -- Revision - Suit for permanent injunction - Court fee - Payment of Court fee is always a matter between Court and plaintiff and defendants have no legal right to challenge the insufficiency of Court fee by revision or by any way - Moreover, maximum payable Court fee for relief of permanent injunction is Rs.500 which is already paid..........
Civil Procedure Code, 1908, Section 115 -- Revision - Plea of defendant of insufficient court fee - Decided against defendant - Revision against - Revision is maintainable only when impugned order gives finality to the suit or other proceedings - Since impugned order does not give finality to the suit as such revision is not maintainable - Petition dismissed...........
