Section 115 in The Code of Civil Procedure, 1908
115. Revision .-
(1) The High Court may call for the record of any case which ... disposed of the suit or other proceedings.] [Substituted by the Code of Civil Procedure (Amendment) Act, 1999, Section 12, for former proviso
been occasioned, can be made out?
Section 115 of the Code of Civil Procedure as amended does
not now permit a revision petition being ... with effect from 01.07.2002
in Section 115 of Code of Civil Procedure cannot and does not
affect in any manner the jurisdiction
Whether all such revisions filed under
Section 115 of the Code of Civil Procedure
should be allowed to be converted into a writ
petition ... Code, their Lordships have held thus:
"4. Section 115 of the Code of Civil Procedure
as amended does not now permit
This Rule, namely Rule 10, was also amended by the
Code of Civil Procedure (Amendment) Act, 1976 (Act No. 104
of 1976). Prior ... substituted in place of the old Rule by
the Code of Civil Procedure (Amendment) Act, 1976. The
objects and reasons for this amendment
turning on the
interpretation of a particular rule in the Civil Procedure
Code." Discussing the question whether it was a matter of
discretion ... excess of jurisdiction within
the meaning of s. 115 of the Civil Procedure Code, but that
will not make the order void
plaintiff dated 08.04.2019
2
under Order XII Rule 6 of Civil Procedure Code,
decreeing the suit filed by the plaintiff for mandatory
and permanent ... that relief under Section 19 was very well
available in Civil Procedure Code. The plea taken by
the respondent in her pleadings
invoking Order-7 Rule-11 of the Code
of Civil Procedure to reject the plaint. A week thereafter, on 29-12-2005,
the plaintiffs ... based and merely added that Section 149 of the Civil
Procedure Code of 1908 was in accordance with this view.”
In substance, the Full
been refused, the award shall be
enforced under the Code of Civil Procedure ,
1908 (5 of 1908) in the same manner ... shall be
enforced in accordance with the provisions of
the Code of Civil Procedure , 1908, in the
same manner as if it were
High Court within the meaning of
Section 115 of the Code of Civil
Procedure, 1908."
It would appear that the High Court ... court
subordinate to the High Court under Section 115, Civil
Procedure Code [for short, " CPC "], Section
Scope of Section 89 of the Code of Civil Procedure,
1908 (paras 32 to 41)
V. Statutory power to refer matters for dispute resolution ... well as Section 89(a) & (b) of the Code of
Civil Procedure , 1908 incorporated on 1st of July 2002); judicial
