Civil Procedure Code, 1908, Section 115 -- Revision - If a Subordinate Court exercises jurisdiction not vested in it by law or fails to exercise jurisdiction so vested, said order u/s 115 CPC is revisable - After amendment of CPC in 2002 w.e.f. 1.7.2002, said power is exercised u/art 227 of Constitution of India...........
Delhi Rent Control Act, 1958, Section 25B(8), 14, Civil Procedure Code, 1908, Section 115 -- Eviction - Revisional jurisdiction - Exercise of - Held, finding of fact arrived at by Controller would not be interfered with by High Court unless it can be shown that finding has been arrived at by misreading or omitting relevant evidence and this has resulted in gross injustice..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction of High Court - After amendment of S.115 CPC, the remedy of revision against interlocutory orders are excluded - However, High Court can interfere with such orders in exercise of its supervisory jurisdiction under Article 227 of Constitution of India over Subordinate courts to do equity and to set at naught..........
Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Order 23, Rule 3 -- Partition - Compromise - Estoppel - Compromise and subsequent conduct of respondent spread over about 38 years has made appellant to believe that latter is absolute owner of suit property - Appellant enjoyed property as its absolute owner effecting mutation, paying revenue and making..........
Civil Procedure Code, 1908, Section 115 -- Eviction - Appeal - Interim relief - Petitioner/tenant is seeking stay of his dispossession during pendency of his appeal before Appellate Authority but without putting himself to the terms - Held, for grant of interim relief which is an equitable and discretionary relief a litigant can be put to terms - In instant case,..........
Civil Procedure Code, 1908, Section 115 -- Exhibit of document - Objection - Respondent No.1/plaintiff examined as PW2 placed on record Ex.P2 and Ex.P3 i.e. attested copies of neonda bahis - Petitioner/defendant filed application that exhibited documents which were not per se admissible may be marked - Dismissal of application - Challenge to - Held, petitioner could not..........
Civil Procedure Code, 1908, Section 2(2), 115, Order 7, Rule 11 -- Rejection of plaint - Appeal thereagainst also dismissed - Revision filed against order of appellate Court with a prayer that in case revision is found not maintainable it may be converted into regular second appeal - Formal decree sheet is not required to be drawn when plaint is rejected as rejection of..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and estoppel - Suit for declaration of title and injunction - Predecessors-i, interest of plaintiffs had all along fought earlier cases in Courts of competent jurisdiction in respect of suit lands for Nongspung clan - Held, subsequent suit raising same issues bared by res judicata and..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Exercise of - Held, High Court cannot substitute its own findings on question of fact for findings recorded by Subordinate Courts on re-appraisal of evidence...........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Exercise of - Held, High Court u/s.115 and Art.227 of Constitution of India is circumscribed and limited - Normally, High Court exercises its revisional jurisdiction only when there is material infirmity in passing impugned order or impugned order was passed by Court below without any jurisdiction...........
