Civil Procedure Code, 1908, Section 11, 105(1) -- Revision against order of trial Court declining prayer to lead secondary evidence dismissed by High Court in limine without passing any speaking order - Cannot be held that order of High Court had become final or operated as res judicata between the parties to the extent that it could not be challenged in appeal - Challenge..........
Civil Procedure Code, 1908, Section 115, Order 1, Rule 10 -- Revision against order declining to implead as defendants - Facts of the case not properly appreciated - Court acted illegally and with material irregularity - Fundamental error of procedure - Revision competent...........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 2 -- Inter - Terence in revision when trial Court exercised its discretion - Trial Court allowed issue of res judicata to be treated as preliminary issue - Issue of res judicata could under no circumstances be treated as a preliminary issue - Order of trial Court either without jurisdiction or in excess of..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Interference in revision with order allowing amendment of plaint - Court exercised discretion against statute of limitation - Cannot be said to have exercised discretion judicially - Failure of justice and irreparable injury to defendant manifest - Interference in revision warranted...........
Civil Procedure Code, 1908, Section 115 - - Revision against interim order declining to admit or exhibit a document - Competent...........
Civil Procedure Code, 1908, Section 115(2) - - Revision of order against which appeal lies - Not maintainable,..........
Punjab Tenancy Act, 1887, Section 84 -- Revision, Financial Commissioner's powers of interference - Comparable to powers of High Court to interfere u/S.115 Civil Procedure Code - Matter to be viewed : whether or not any illegality or material irregularity in exercise of jurisdiction...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Revision against order declining to grant temporary injunction - Objection to maintainability of revision - Order wholly unsustainable being in disregard of principles for granting of temporary injunctions - Can even be styled as illegal - Interference justified...........
Civil Procedure Code, 1908, Section 115 -- Order passed in violation of procedural law - Amounts to exercise of jurisdiction illegally - Interference in revision not hit by rule of law laid down in A. I. R. 1973 S. C. 76...........
Civil Procedure Code, 1908, Section 115, Order 18, Rule 17 -- Order recalling defence witnesses challenged in revision - Objection that as held in A. I. R. 1973 S. C. 76, High Court could not interfere with discretionary order even if it is right or wrong or in accordance with law or not - No basis for passing order under Order 18 Rule 17 - Court below acted illegally in..........
