Civil Procedure Code, 1908, Section 47, 115 -- Order u/s 47 - Appeal against - Appeal does not lie against order passed u/s 47 CPC - However, order passed in appeal taken to be an order passed u/s 115 CPC as revision is maintainable against an order passed u/s 47 CPC - Procedural hurdles not an impediment to refuse just remedy to the litigants...........
Civil Procedure Code, 1908, Section 115 -- Revision - Filing of - Empire as Arbitrator - Not Aggrieved person - Filing of Revision - Not Competent - Not maintainable - Therefore they cannot maintain revision as an `aggrieved person' under S.115 CPC...........
Civil Procedure Code, 1908, Section 115, Arbitration and Conciliation Act, 1996, Section 17 -- Revision - Tenability - Order setting aside interim measures taken by arbitrator for protection of bank guarantee given by contractor - Revision against - During pendency of revision award passed - Life of interim measure taken by arbitrator, thus, comes to an end - Revision..........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Arbitration proceedings - Application for deciding venue of Arbitration - Dismissed - Revision against such order is maintainable...........
Civil Procedure Code, 1908, Section 115, Order 1, Rule 10 -- Revision against order allowing application for impleadment of a party - It is an interlocutory order - No revision lies against such an order...........
Civil Procedure Code, 1908, Section 115, Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992, Section 8, 12 -- Breach of contract - Award of compensation by Arbitration - Revision against by aggrieved Party - Challenge regarding non - compliance of procedure of Evidence - Bills and receipts produced by contractor before Arbitrator were not objected by..........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Pre-emption - Challenge to deposit being not in conformity with Law - Rejected by both Courts below - Revision against - Maintainable (As amended by Act 46 of 1999, S.47, O.20 R.14)..........
Civil Procedure Code, 1908, Section 115 -- Revocation of succession certificate - Order in appeal against under S.384 - Right of second appeal - Not Available to opposite party being not in conformity with Law (as amended by C.P.C. Amendment Act (1999) - Succession Act (39 of 1925), S.384)...........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Scope - Interference - Removal of encroachment from land of Municipal Council - Issuance and service of notice under respective Act for removal of encroachment - Finding regarding its validity given by lower Court, Nature of such finding - Only finding of fact - After considering oral testimony, as well..........
Civil Procedure Code, 1908, Section 115, Constitution of India, 1950, Article 227 - - Amendment of written statement - Refused - Nature of order - Interlocutory - Revision against is not maintainable - Petitioner can avail remedy under Art. 227 of Constitution - Petition under S.115 of CPC cannot be converted into petition under Art. 227...........
