Search Results Judgments > Act:CODE OF CIVIL PROCEDURE 1908 Section 115 Page:9
Court : Mumbai
Reported in : 2008(1)BomCR677; 2008(1)MhLj919
... Section 115(1) of the Civil Procedure Code by the Code of Civil Procedure (Amendment) Act, 1999, revision is not tenable because even if the conditional order would have been passed by the trial Court, the suit would not have been finally disposed off. Section 115(1) of the Civil Procedure Code ... Civil Procedure Code by the Code of Civil Procedure (Amendment) Act, 1999, revision is not tenable because even if the conditional order would have been passed by the trial Court, the suit would not have been finally disposed off. Section 115(1) of the Civil Procedure Code reads as follows:115 ... Civil Procedure Code and, therefore, when the efficacious remedy is available, writ petition is not tenable. Mr. Kumbhakoni the Learned Counsel for the petitioner/plaintiff has rightly pointed out that in view of the proviso added to Section 115(1) of the Civil Procedure Code by the Code of Civil Procedure ...
Court : Karnataka
Reported in : AIR1979Kant89; ILR1978KAR1713; 1978(2)KarLJ429
... Executing Court under Rule 58 of Order XXI of the Code of Civil Procedure, 1908, as amended by the Amendment Act, to be referred to as the Amended Code, is the order of adjudication so made by the ... an aggrieved party was to get such an order revised by filing a revision petition under Section 115 of the old Code. While, however, it was open to the aggrieved party to file also a regular ... as was admittedly the legal position under the Code of Civil Procedure, 1908, as it stood prior to its amendment under the Amendment Act, to be referred to as the old Code. This is how the question formulated ... claim to or objection to attachment of any property attached, after the coming into force of the Code of Civil Procedure (Amendment) Act, 1976, to be referred to as the Amendment Act, in execution of a ... in the High Court under S. 115 of the Code, seeking revision of the appealable orders, are maintainable. It was not disputed that revision under S. 115 of the new Code would not lie against an order ...
Court : Karnataka
Reported in : AIR1985Kant282; ILR1985KAR3989
... an order did not amount to a case decided within the meaning of S. 115 C.P.C. and was thus not revisable. Old Section 115 under which the said case was decided read as :'The High Court may ... I.A. 1 is 13 redundant and meaningless. S. 136 C.P.C. lays 3, 14 down the procedure to be followed when the 13 property to be attached is situate outside the district. Therefore, this submission ... Revision Petition by defendant No. 1 are directed against the order dated 16-2-1983, passed by the Civil Judge, Bhadravathi, in O. S. 10/83, ordering attachment of moveables before judgment.2. The plaintiff filed ... the source of his information and belief in the matter. A verbatim copy of the provisions of the Code in the affidavit in support of the application, or a mechanical repetition of the ... civil revision petition has also been filed. Therefore, the M.F.A. is not maintainable.15. Learned counsel Srinivasan submitted that the order in question does not amount to a case decided within the meaning of S. 115 ...
Court : Karnataka
Reported in : ILR2003KAR3437
... (a) - plaintiff - 1(a) defended the order. Firstly, he submitted that having regard to the language of Section 115 of the Code of Civil Procedure as amended, this Civil Revision Petition is not maintainable, inasmuch as, the order of the Trial Court will not have ... objections raised by Sri A.V. Gangadharappa, learned Counsel, about the maintainability of the Revision Petition is concerned, Section 115 of the Code of Civil Procedure, as amended by Act 104 of 1976, reads as under:'(1) The High Court may call for the ... misdirected about the scope of Order 1 Rule 10 of the Code of Civil Procedure. What is required to be investigated when an application under Order 1 Rule 10 of the Code of Civil Procedure is filed before the Court is 'whether the presence of ... of the Revision Petitioners filed under Order 1 Rule 10 of the Code of Civil Procedure is allowed. The plaintiffs to amend the cause title on the next date of hearing of the case.10. In the result, Civil Revision Petition is allowed.
Court : Karnataka
Reported in : ILR1999KAR3762; 1999(5)KarLJ267
... to the contentions raised by the learned Counsel for the parties. Section 115 of the Code of Civil Procedure confers powers of supervisory nature and exercise jurisdiction of the Court under Section 115 of the CPC by this Court can be made only on establishment ... and quote the following observations of their decision.-'9. When Bill No. 27 of 1974 to amend the CPC, 1908, and the Limitation Act, 1963, containing the amendment proposed by the Law Commission was presented before the Parliament along ... of the appeal in exercise of jurisdiction under Section 5 of the Limitation Act. Feeling aggrieved from that order, the plaintiff-respondent has come up in revision under Section 115 of the Code of Civil Procedure.2. The learned Counsel for the revision ... This revision under Section 115 of the Code of Civil Procedure arises from the judgment and order dated August 21, 1998 passed by Sri N. Subba Rao, Civil Judge, Senior Division, Kolar Gold Fields in Appeal No. 16 of 1998 condoning the delay ...
Court : Andhra Pradesh
Reported in : AIR1988AP226
... for the Full Bench, laid down : 'On a combined reading of Ss. 47, 2(2) and 96, Civil Procedure Code it was apparent that an appeal from an order in execution would he only if the following ... .C., as the case may be. Otherwise it can be revised provided it satisfies the conditions of Sec. 115 C.P.C. It can immediately be noticed that an order passed under Order XX I Rule ... in my opinion, read in the light of S. 97(3) lead to the conclusion that the Civil Procedure Code as amended in 1976 applies to pending applications even though they are disposed of after 1-2 ... vested or to have acted in the exercise of its jurisdiction illegally or with material irregularity. The Code of Civil Procedure (Amendment) Act 104 of 1976 (for short the 'Amendment Act') imposed further conditions, namely, that the ... 56. It is in this context that S.97(3) of the 1976 Amending Act (of the Code of Civil Procedure) has to be examined for finding out whether there is anything positively, (or by necessary implication) ...
Court : Allahabad
Reported in : AIR1978All214
... . There is another objection to the maintainability of the revision. The proviso to Section 115 of the Code of Civil Procedure now lays down that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in ... against the order of the court of the District Judge, Ghazipur dated 7th Sept., 1977 rejecting a revision under Section 115 of the Civil P. C. which had been filed in that court on 31st May, 1977 from an order of the Court ...
Court : Allahabad
Reported in : AIR2006All166; 2006(3)AWC2147
... under Section 115 of C.P.C.6. The provisions of Section 115 C.P.C. has been amended by Code of Civil Procedure (Amendment) Act, 1999 and in that proviso it has been added substituting earlier one and this Section ... clear, cannot be the subject matter of revision under Section 115, There is marked distinction in language of Section 97(3) of the Old Amendment Act and Section 32(2)(i) of the Amendment Act. While ... Section 115 C.P.C., has been subject of interpretation in the aforesaid cases by the Hon'ble Apex Court as well as this Court. After this amendment of 1999, U.P. Amendment of Section 115 ... . After this amendment of 1999, U.P. Amendment of Section 115 C.P.C. has been incorporated, which also for convenience is reproduced as below:115. Revision.-(1) A superior Court may revise an order ... substituted provision of the State amendment under Section 115 C.P.C. also contemplates in Sub-rule (3) Clause (i) that superior court shall not under this section vary or reverse any order made except ...
Court : Allahabad
Reported in : 2003(1)AWC628
... I do not propose to differ with the view expressed in Lallan v. Civil Judge, Jaunpur (supra), except to add that only such revisions under Section 115, C.P.C. which were instituted before District Judges prior to ... U. P. Amendment Act No. 31 of 1978 and Act No. 17 of 1991 to Section 115 of C.P.C. 1908 by C.P.C. (Amendment) Act No. 46 of 1999, the revision is not maintainable.3 ... of procedural law, but, where the question is of change of forum, it ceased to be a question of procedure only. The forum of appeal or proceedings, is a vested right as opposed to pure procedure to ... Sub-section (1), has taken effect, and without prejudice to the generality of the provisions, Section 6 of the General Clauses Act, 1897 (10 of 1897), the provisions of Section 115 of the principal Act, as amended by Section ... the effect of the U. P. Amendments of 1970, 1972 and 1973 to Section 115, C.P.C. It was held that Section 115 as amended by State Legislature was inconsistent with the Central Act because it confers ...
Court : Madhya Pradesh
Reported in : 1992(0)MPLJ936
... writ petition under Article 227 of the Constitution of India as a civil revision under Section 115, Civil Procedure Code is barred under the M. P. Amendment to Section 115 of the Code. The learned counsel for the plaintiffs/petitioners have pressed upon our ... Civil Revision could lie against the impugned appellate order, it certainly could not be said to be an order touching upon the jurisdiction of the final Court of appeal, entitling the High Court even to exercise its jurisdiction under Section 115 of the Civil Procedure Code ... or with material irregularity. That being so, the High Court could not have invoked its jurisdiction under Section 115 of the Civil Procedure Code.'Reliance has been placed in the case of Hindustan Aeronautics (supra) on the prior decisions of ... Civil Suit was instituted by the petitioners which was registered as Civil Suit No. 27-A of 1991 in the Court of 5th Civil Judge, Class II, Rewa. An application under Order 39, Rules 1 and 2, Code of Civil Procedure ...