Court : Orissa
Reported in : I(2004)BC127; 96(2003)CLT104; 126CompCas256(Orissa)
..... (in short, 'the code') is not maintainable. on the other hand the contentions of the counsel appearing for ..... the petitioners in each of the revisions are that :(i) in view of the provision in sub-section (3) of section 22 of the act, the debts recovery tribunal shall ..... section 20 of the recovery of debts due to banks & financial institutions act, 1993 (in short, 'the act'). learned counsel for the plaintiff/opposite party argued that in view of the provision in section 20 of the act an appellate forum having been provided to challenge to any order passed by the tribunal, therefore, the revision under section 115 of the code of civil procedure, 1908 ..... be deemed to be a civil court and therefore, it is .....Tag this Judgment!
Court : Karnataka
Reported in : AIR2008Kant60; 2008(2)KLJ131; 2008(1)KCCR426; 2008(2)AIRKarR207; 2008AIHC1664(Kar)
..... orderd.v. shylendra kumar, j.1. this civil revision petition under section 115 of the code of civil procedure, 1908 filed by the defendant in o.s. no. 174 of 2003 pending on the file of the additional civil judge (senior division), hospet, is directed against the order dated 24-9-2007 passed by the learned trial judge answering the ..... therefore has committed a material irregularity in passing the impugned order and the order calls for being revised within the scope of section 115 of the code of civil procedure and for such purpose, the present petition is filed.4. i have perused the impugned order. the learned trial judge while has ..... as a partner of this firm. i am of the view such a defect if at all assuming that it is there, it is a mere procedural defect and not one constituting a material irregularity.8. even otherwise, i find that the order of the learned trial judge holding that the suit is ..... plaintiff. whether there is such violation, it is a matter to be decided by the trial court. but, even in terms of the provisions of section 69 of the act, the suit does not become bad as technically the partnership firm is one registered and the person who had signed on the date ..... suit was defective and therefore learned trial judge has committed material irregularity notwithstanding the law as declared in haldiram's case.7. the bar as contained in section 69 of the indian partnership act, 1932, which reads as under:69. effect of non-registration.-(1) no suit to enforce a right arising from .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2005)140PLR481
..... 227 of the constitution read with sections 115 and 151 of the code of civil procedure, 1908 (for brevity 'the code') prays for setting aside order dated 10.1.2005 (annexure p.1) passed by the id. addl. district judge bhatinda. the plaintiff-petitioners no. 2 and 4 have filed a civil suit for declaration seeking permanent ..... the corporation submitted his report which was not filed in court as an award. the said report was challenged in an arbitration petition filed under section 33 of 1940 act by one party and the other party filed a suit. the question regarding nature of clause 9 arose before the ..... of course, the statutory requirements of a written agreement, existing or future disputes and an intention to refer them to arbitration (vide section 2 arbitration act, 1940 and section 7 arbitration and conciliation act, 1996.)'8. after applying the aforementioned test their lordships found that clause 9 was not an arbitration ..... 1886 in support of his submission and has argued that once the arbitration agreement covers all the disputes between the parties then the jurisdiction of the civil court is barred.6. after hearing the learned counsel, i am of the considered view that order dated 10.1.2005 (annexure p-1 ..... -a noida. along with the suit an application under order xxxix rules 1 and 2 of the code was also filed seeking ad interim injunction. the aforementioned application was partly allowed by the civil judge vide order dated 11.2.1999.2. the defendant-respondents filed c.a. no. 15 .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2006)143PLR377
..... sub judge, iind class, hoshiarpur in this petition filed under section 115 of the code of civil procedure, 1908 (for brevity 'the code'). the trial court vide impugned order has allowed an application filed by the defendant respondents under order 6 rule 17 of the code in which prayer for amendment of the written statement was made ..... defendant-respondent no. l wanted to delay the proceedings. feeling aggrieved, the plaintiff-petitioner has approached this court by filing the instant petition under section 115 of the code.8. on 17.1.1995 the petition was admitted by this court and further proceedings were stayed.9. mr. k.s. dadwal, ..... . in that view of the matter, we find that there is no material irregularity committed by the high court in exercising its power under section 115 c.p.c. in permitting amendment of the written statement.12. similar legal proposition has been reiterated in the cases of gurdial singh and ..... of the plaint. the aforementioned statement made in the written statement led to the filing of an application under order 6 rule 17 read with section 151 of code promptly when the evidence of the plaintiff-petitioner had not even commenced. even otherwise, 1 am of the view that no prejudice is likely ..... those sale-deeds are in favour of defendant-respondent no. 1, whose application for amendment under order 6 rule 17 read with section 151 of the code has been allowed. the sale deeds have been challenged on the grounds of lack of necessity by the karta of the joint hindu .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2005)140PLR689
..... of local commissioner cannot be subjected to a revision petition as it cannot be treated as a case decided. the plaintiff-petitioner cannot circumvent the provisions of section 115 of the code of civil procedure, 1908 (for brevity, 'the code') merely by substituting the title of the revision petition and claiming that the same has been filed under article 227 of the constitution. the provisions of article ..... abdul khadir, : air2002sc110 and virendra kashinath ravat and anr. v. vinayak n. joshi and ors., : air1999sc162 .3. the instant petition has been filed merely by circumventing the provisions of section 115 of the code by substituting the title claiming that it has been filed under article 227 of the constitution. the ratio of two division bench judgments in the cases of smt. harvinder ..... manifest injustice has been caused to the interest of a party. the fact of possession cannot be ascertained by the local commissioner as has been rightly held by the learned civil judge. no manifest injustice warranting interference of this court under article 227 of the constitution has been caused. the supreme court has consistently taken the view that in the ..... m.m. kumar, j.1. this petition filed under article 227 of the constitution prays for setting aside order dated 27.10.2004 passed by the civil judge (jr. division), barnala declining the request of the plaintiff-petitioner for appointment of the local commissioner on the ground that already report of a local commissioner shri varinder kumar .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2003)134PLR334
..... it is evident that despite wider nature of power of revision with the high court under the rent act than the power of revision under section 115 of the code of civil procedure, 1908, a distinction has to be maintained between a revision and an appeal. the ground of revisions are limited and can be summed up as ..... court to revise an order is not an appellate power, but it is also true that it is not akin to power exercisable under section 115 of the code of civil procedure. it is no doubt true that the high court would be justified in interfering with the order passed by the appellate authority if the ..... the act, it appears that no doubt the revisional power of the high court under the act is wider than the powerunder section 115 of the code of civil procedure which is confined to jurisdiction,but it is also not so wide as to embrace within its fold all the attributes andcharacteristics ..... or proceedings taken under the act are in accordance with its provision, lawful and proper. this provision as well as the identical provision of sub-section (5) of section 15 of the east punjab urban rent restriction act, 1949 (for brevity, 'the act') made under the act have repeatedly came up for consideration ..... of the revisional power vested in the high court is that it should satisfy itself as to the legality and propriety of the order under revision. sub-section 6 of section 15 of the act is reproduced below for facility of reference:'15. appellate and revisional authorities.- (1) to (5) xx xx xx (6) .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2003)133PLR513
..... m.m. kumar, j.1. the only question raised in the present petition filed under section 115 of the code of civil procedure, 1908 (for brevity 'the code') is whether the defendant-respondents could effect recovery from the plaintiff-petitioner for a sum of rs. 11,39,360 ..... was sought to be recovered by the defendant-respondents. alongwith the suit an application under order 39 rules 1 and 2 of the code was filed. the civil judge (senior division), bhatinda after detailed discussion reached the conclusion that there was no prima facie case in favour of the plaintiff-petitioner ..... and dismissed the application. the finding recorded by the civil judge is that prior to 1987 the stone crushing/stone breaking labour was also paid at the rate of minimum wages which were applicable to ..... extent of already over paid amount. 3. the afore mentioned action of the defendant-respondents has been challenged by the plaintiff-petitioner by filing civil suit no. 130 dated 7.9.1999 against the defendant-respondents for a declaration and permanent injunction restraining the defendant-respondents from deducting or recovering ..... the minimumwages in respect of said categories remained in operation only for a period from 1.4.1985 to 31.10.1990. this court in civil writ petition no. 7157 of 1994 tejinder singh v. union of india, decided on 31.8.1995 removed this disparity. therefore, defendant-respondents claimed .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2003)134PLR329
..... this petition filed under section 115 of the code of civil procedure, 1908 (for brevity the code) is to the order dated 24.1.2000 passed by the civil judge (junior division), patiala, dismissing the application of the petitioners in which prayer for impleading them as party defendants under order 1 rule 10 of the code was declined. 2. ..... 000/- had been paid to the defendant-respondent nos.2 and 3. the application under order i rule 10 of the code filed by the petitioners has been dismissed by the civil judge on the following grounds: a) that plaintiff-respondent no. 1 was master of his suit and no one can ..... reading of the impugned order that no finding has been recorded by the civil judge as to whether the petitioners are necessary and proper parties for adjudication of the dispute raised in the suit filed by the plaintiff-respondent ..... in the suit which is pending since 1998. 6. after hearing the learned counsel for the parties. i have reached the conclusion that the civil judge has committed grave error in law by rejecting the application of the petitioners for their impleadment as party defendants. it is evident from the ..... facts necessary to decide the controversy raised in the present petition are that 'plaintiff-respondent no. 1 filed civil suit no. 507 dated 4.4.1998 against defendant respondent nos. 2 and .....Tag this Judgment!
Court : Delhi
Reported in : 1993IVAD(Delhi)552; 52(1993)DLT581
..... arun b. saharya, j. (1) this revision petition under section 115 of the code of civil procedure, 1908. is directed against an order dated 1st of february 1992, passed by the trial court, dismissing an application of ..... of injunction dated 27thof february 1990. now, in the given circumstances, variation of that order will be meaningless. the application under order xxxix rule 4 cpc moved by fpai for vacating that order has,, thereforee, really become infructuous.(12) fpai also is responsible for creating confusion. as pointed outearlier, in similar ..... learned counsel appearing for fpai made a strong grievance against the failure of the trial court to dispose of the application under order xxxix rule 4 cpc for vacating the ex parts injunction orderdated 27th of february 1990 right from april 1990 onwards, which has undoubtedly resulted in this anamolous situation. i ..... directed tocontinue. on 24th of april 199u, fpai filed its written statement along within application seeking vacation of the interim order under order xxxix rule 4 cpc. the interim order, however, was extended from time to time,and veena kohli continued in service. then, by an application dated 14thof may 1990 ..... giving effect to this order also, and her application was likewise allowed. this tims, however, fpai moved an application under order xxxix rule 4 cpc before the trial court for vacating the injunctionorder. this application was dismissed. fpai preferred an appeal. the senior sub-judge stayed operation of the trial .....Tag this Judgment!
Court : Delhi
Reported in : AIR2006Delhi24; 124(2005)DLT409; 2005(84)DRJ353
..... j.1. this civil revision petition under section 115 of the code of civil procedure, 1908 (for short cpc) is filed against the order of the learned senior civil judge dated 24th february, 2001 allowing the appeal filed against the order dated 15th december, 1999 passed by the learned trial court dismissing the application filed by the petitioner under section 144, order 21 and rule 97 cpc, in the execution ..... 21 rule 97 cpc. the appeal filed by the respondent banso devi was allowed by the learned senior civil judge leading to the present revision petition. the relevant facts of the case are as under:-(a) the petitioner had filed a suit ..... , as per the averments in the plaint, the appellate court has rightly held that the civil judge was fully competent to try the suit, being only a suit of civil nature. the appellate court has noticed the mandate of order 23 rule 3 cpc and in my view correctly arrived at a conclusion that the petitioner on his own volition agreed to ..... proceedings. 2. the learned trial judge had allowed the application filed by the petitioner under section 144, order .....Tag this Judgment!