Civil Procedure Code, 1908, Section 115 -- Revision - Revisional jurisdiction u/s 115 CPC is not to correct mistake of fact and to substitute its own findings by Revisional Court...........
Civil Procedure Code, 1908, Section 115 -- Revision - Dismissal of application for condonation of delay in filing first appeal - Application for condonation of delay dismissed, consequently appeal is barred by time and thus, also dismissed - Decree sheet be prepared accordingly - Once decree sheet has been prepared, defendants cannot merely challenge order dismissing their..........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5 -- Stay of execution - Revision - Execution proceedings cannot be resisted in revision when main appeal before High Court is yet to be argued either on stay matter or in main appeal - Petitioner has remedy of appeal against appellate decree and judgment to press his application U.O.41.R.5 CPC, if any which decree is..........
Civil Procedure Code, 1908, Section 115 -- Revision - High Court in exercise of its revisional powers may call for record of any case decided by any subordinate Court to it, if such subordinate Court appears to have exercised jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegal or with..........
Civil Procedure Code, 1908, Section 115 -- Revision - An order passed by a subordinate Court can be interfered with only if it exercised its jurisdiction, not vested in it by law or has failed to exercise its jurisdiction so vested or has acted in exercise of jurisdiction illegally or with material irregularity...........
Civil Procedure Code, 1908, Section (2), 115, Order 7, Rule 11 -- Rejection of plaint - Amounts to decree - It is appeal and not revision which lies there against...........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Can only be exercised: (i) when Courts below have acted beyond jurisdiction vested in them or; (ii) have not exercised the same diligently; and (iii) have exercised illegally...........
Specific Relief Act, 1963, Section 10, Civil Procedure Code, 1908, Order 2, Rule 2, Evidence Act, 1872, Section 115 -- Suit for specific performance - Barred by estoppel - Plea that earlier suit for permanent injunction stood dismissed - Since in both the suits parties and relief sought are entirely different - Suit not barred by estoppel and bar U.O.2.R.2 CPC also not..........
Civil Procedure Code, 1908, Section 115 -- Revision - Renewal of lease - Remitting matter back to Executing Court - Merely because execution petition will revive is no ground to hold that order is not a final order which will bring end of proceedings - If Executing Court accepts the contention of the respondents that the lease could not have been extended, then also it..........
Civil Procedure Code, 1908, Section 115, Madhya Pradesh Accommodation Control Act, 1961, Section 23E -- Eviction petition - Revisional power of High Court - S.23E of the Act bars filing of appeal against order of RCA but confers High Court with revisional powers to test legality, propriety, correctness of order or regularity of proceedings by exercising same power as..........
