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...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Order rejecting commissioner's report - Order of acceptance and rejection of commissioner's report is an interlocutory order and revision against same is not maintainable...........
Civil Procedure Code, 1908, Section 115(1) -- Revision - If subordinate Court has jurisdiction to adjudicate lis brought before it, it may decide it rightly or wrongly, whether it is a question of law or fact - This itself would not make such a case fall u/s 115 CPC...........
Civil Procedure Code, 1908, Section 115(1) -- Revision - Material irregularity in exercise of jurisdiction does not cover either errors of fact or law...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order refusing to appoint local commissioner - Revision against - Not maintainable, as it is primarily against discretion and domain of Court below...........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Order dismissing petition filed for marking Xerox copy of Will - Revision against said order is not maintainable as order cannot be said to be one which would have resulted in final disposal of suit - Revision dismissed...........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 99, 100, 101 -- Objections for specific performance and possession - Petitioner took plea that she was a tenant who had come into possession prior to litigation - After examining the documents place on record it is concluded that documents pertained to period subsequent to litigation - In execution proceedings issues..........
Civil Procedure Code, 1908, Section 115 -- Revision - Condonation of delay by First Appellate Court - If order allowing application for condonation of delay is set aside, proceedings before lower appellate Court would stand finally disposed of - Revision, held, maintainable...........
