Court : Patna
..... parte order and judgment dated 9.6.1987 passed in title suit no. 14 of 1986, by invocation of the provisions of section 115 of the code of civil procedure, 1908 (in short 'the code').2. the learned counsels for the parties are heard. the impugned order passed by the trial court as well as the ..... appellate court are perused especially along with the provisions of section 115 of the code pertaining to the powers of revision as well as order ix rule 13 of the code ..... in execution case no. 12 of 1987.4. successfully the revision could be brought against the impugned order in terms of the provisions of section 115 of the code provided the court taking up such revision is satisfied that (a) the court having passed the impugned order has exercised a jurisdiction not vested ..... said to be in any way falling within the aforesaid parameter empowering this court to exercise revisional jurisdiction under section 115 of the code.7. in the result, the petition must fail. accordingly the petition shall stand dismissed at this stage itself but without costs. ..... or (c) has acted in the exercise of its jurisdiction illegally or with material irregularity. again, the provisions of order ix, rule 13 of the code are very important. of course, they provide for setting aside the ex parte decrees, if the court is satisfied that the summons was not duly .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1995Bom445; 1995(4)BomCR665; 1996(2)MhLj40
..... , junior division, babhulgaon, is the subject-matter of challenge in this revision application filed under section 115 of the code of civil procedure, 1908 (for short 'the c.p.c.').2. the important question involved in the present revision application is whether an application filed by the applicant under section 54 of the c.p.c. on 15-2-1992 for sending the precept to the collector ..... a period of 3 years from 2-1-1948 petitioner should have filed a darkhast to execute the decree. as per section 48 of the civil procedure codecivil procedure codecivil procedure code of the year 1908 there was a period of limitation of 12 years to execute a decree for partition of moveable and immovable property. this period of limitation was also expired in the year ..... 1960 or 1961. therefore, as per section 48 of the old c.p.c. of 1908 and as per article 182 of the old limitation act of 1908, the ..... passed on 9-1-1947, was an application for execution of the decree, and therefore, barred by limitation under article 182 of the limitation act, 1908 or under any article of limitation act, 1963 or under section 48 of the c.p.c., as was existing prior to 1-1-1964.3. the facts are undisputed and the said facts are that .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2006(3)ALD276; 2006(3)ALT64
..... and passed a decree, upon contest by the defendant by way of filing written statement, the registry took an objection that the c.r.p. under section 115 of the code of civil procedure, 1908 (for short 'the code') is not maintainable, for an appeal remedy is provided against the said order.3. the learned counsel for the petitioner submitted that since the decree passed ..... filed his written statement, certainly an appeal lies under section 96(1) of the code. hence, the contention of the petitioner that since no appeal lies against the decree under section 96(3) of the code, the present revision under section 115 of the code of civil procedure 1908, is maintainable, is misconceived.6. since revision under section 115 of the code is not maintainable against the impugned decree, i am ..... in the i a, amounted to deciding the very suit itself, revision under section 115 of the code, is maintainable, and more so when no appeal lies under section 96(3) of the code ..... (a.p.).4. there can be no doubt that in respect of 'any case which has been decided,' the high court can exercise its power of revision under section 115 of the code. but in the instant case, the suit filed by the respondent for recovery of some amounts, was contested by the petitioner by filing written statement. at that point .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1989All239
..... orderd.s. sinha, j.1. this civil revision, under section 115 of the code of civil procedure, 1908, hereinafter called the code, is directed against the order dated 5th may, 1989, passed by the civil judge, hapur, in original suit no. 377 of 1980, permitting the plaintiff in the suit and opposite party first set in the instant revision to sue as pauper.2. sri ..... of justice or cause irreparable injury to the party against whom it was made.' 7. from a perusal of the aforesaid provision it is clear that no interference under section 115 of the code can be made unless it is shown that the order, if varied or reversed, would finally dispose of the suit or other proceedings; or the order, if allowed to ..... question, inasmuch as the revision is liable to fail for the reason that in the instant case the requirements of the second proviso to section 115 of the code, as applicable in the state of uttar pradesh, are not satisfied.6. the second proviso to section 115 of the code reads thus :'provided further that the high court or the district court shall not under this ..... section, vary or reverse any order including an order deciding an issue, made in the course of a suit or other proceeding, except where,-- (i) the order, if .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2001(2)MPLJ349
..... high court shall, as far as may be, exercise the same powers and follow the same procedure as it does for disposal of a revision under section 115 of the code of civil procedure, 1908 (v of 1908) as if any such proceeding of the rent controlling authority is of a court subordinate to suchhigh court :provided that no powers of revision at the instance of person aggrieved ..... should be made to keep as near as possible to the limits of the powers of revision under section 115 of cpccpccpc exceeding the same only to the extent necessary for preventing miscarriage of justice'.22. a simitar view is also expressed by this court in case of smt. indrakumari v ..... result in miscarriage of justice and this has to be done keeping within the limits pre-scribed by section 115 of the cpccpccpc 'as far as may be'. in other words, the power of revision is not restricted to the narrow limitation of section 115 of the cpccpccpc but ii is not as wide as that of an appeal and the indication is that an attempt ..... -e of the act, the revisional powers of this court are much wider than the revisional powers available to this court exercising jurisdiction under section 115 of the cpccpccpc. in this respect, the learned counsel submitted that under section 23-e (2) of the act, this court is competent to examine legality, propriety or correctness of the order passed by the rca and also .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : I(2003)BC345
..... of this order, facts are being taken from c.r. no. 2829 of 2002.2. this revision petition filed under section 115 of the code of civil procedure, 1908 (for brevity the code) is directed against the order dated 1.3.2002 passed by the additional civil judge (senior division), khanna directing the defendant-petitioner to furnish bank guarantee and one surety to the tune of rs.2 ..... the exercise of powers of superintendence by the high court. this view of the high court has now been legislatively adopted by the parliament by introducing the explanation to sub-section (1) of section 115 cpccpccpc and, therefore, an interlocutory order would be revisable. there is no doubt that present order being an interlocutory order is revisable under ..... :'4. in major s.s. khanna v. brig. fj. dhillon, (1964)66 p.l.r. 115 (s.c.) this court considered the expression 'any case which has been decided' in sub section (1) of section 115 cpccpccpc and held that the expression case is a word of comprehensive import and includes civil proceedings other than suits and is not restricted by anything contained in the said ..... section to the entirety of the proceeding in a civil court and to interpret the expression case as an entire proceeding .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2006(6)ALD1(SC); 2006(6)ALT1; 2006(5)ALT62(SC); 2006(4)AWC3902(SC); [2006(4)JCR77(SC)]; 2006(9)SCALE264; (2006)7SCC800
..... learned single judge of madhya pradesh high court at jabalpur. 2. though various points were urged in support of the appeal, the primary stand was that civil revision filed under section 115 of the code of civil procedure, 1908 (in short the 'cpccpccpc') was allowed by the learned single judge even without issuing notice to the appellant. on knowing the order passed by learned single judge in the ..... civil revision, the review application was filed specifically pointing out that no notice had been issued before disposal of the civil revision. the high court rejected the same ..... situation here. the plaintiff has filed the suit for declaration of title and injunction and that can always be decided by the civil court irrespective of the decision of the revenue court under section 250 of the m.p. land revenue code, 1959. the revision is allowed.... 6. a perusal of the order itself shows that only the applicant's advocate was heard ..... . there is also even no mention that any notice was issued to the present appellant and/or it was served. an adjudication adverse to him was done by disposal of civil .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1996Guj40
..... the application of third party-respondent no. 2 -- manager of dashnami goswami samaj for joining as co-defendant in the said suit, by filing this revision under section 115 of the code of civil procedure, 1908 ('the code' for short).2. the petitioners have filed the aforesaid suit for a declaration that they are owners of land bearing survey number 4 situated in village chanasama, ..... 12-1988. being aggrieved by the said order, the original plaintiffs have now challenged its legality and validity by filing this revision application under section 115 of the code.6. the jurisdictional sweep of the revisional court under section 115 is very much circumscribed. however, the court finds that this impugned order is perverse and has resulted into miscarriage of justice, the court ..... record of the case and the relevant proposition of law, the impugned order passed below ex. 8 in regular civil suit no. 249 of 1988 passed by the trial court ..... would rightly exercise its powers under section 115 to put it in a proper and legal shape. having regard to the facts and circumstances emerging from the .....Tag this Judgment!
Court : Mumbai
Reported in : 1998(1)ALLMR703; 1998(2)BomCR598; (1998)1BOMLR22
..... and order dated 16th february, 1989. the petitioner tenant was aggrieved by the said order and, therefore, has filed the above civil revision application under section 115 of the code of civil procedure, 1908. he has challenged the said order of the appeal court on various grounds and prayed that the said order should be set ..... aside and his amendment to the written statement may be allowed. the aforesaid civil revision application was admitted and expedited on 23-6- ..... any stage and that the power to allow the amendment should be exercised liberally. shri navre submitted that the notice was bad as requirement under section 106 of the transfer of property act. i am not at all concerned with the merits, of the matter. i am only concerned with ..... landlord had issued a notice dated 25-7-1979 calling upon the petitioner to vacate the suit premises and hand it over to him under section 106 of the transfer of property act. since the tenant did not comply with the said notice, a suit for eviction was filed by ..... suit by his judgement and order dated 23rd january 1986. the tenant was aggrieved by the said judgement and order and, therefore, he filed a civil appeal in the district court, pune, which is still pending for final disposal. during the pendency of the aforesaid appeal, the tenant filed an application .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR4817; 2006(5)KarLJ181
..... . respondents have filed their objections. the preliminary objection is raised contending that the writ petition is not maintainable; that the petitioners should have preferred a revision petition under section 115 of the code of civil procedure, 1908; that what was let out was only a vacant site; that the provision of the 1999 act very much applied to a vacant premises or a vacant site irrespective ..... that the full bench having taken the view in the context of as to what can be construed as a court subordinate to the high court for the purpose of section 115 cpccpccpc, the question does not really arise in the present case, as i am fully satisfied that the present is a fit case for exercising jurisdiction even under article 227 ..... aggrieved person is relegated to avail of such remedy rather than entertaining a writ petition and therefore, this petition should be dismissed relegating the petitioners to avail the remedy under section 115 cpccpccpc.19. submitting with regard to the merits of the matter, sri raghupathy, learned counsel appearing for the respondents submits that the premises is a vacant land without any building, ..... and even under the provisions of the 1999 act, the tribunal for the purpose of the act, and even the revisional court is a civil court, as is obvious from the remedy of filing a revision petition under section 115 cpccpccpc assuming that it is aggrieved by an order. in support of such submission, the learned counsel for the respondents placed reliance on the .....Tag this Judgment!