Section 115 in The Code of Civil Procedure, 1908
115. Revision .-
(1) The High Court may call for the record of any case which ... Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 43 (w.e.f. 1.2.1977).] [Uttar Pradesh.]- In Section 115 of theprincipal
amendment
to Section 115 of the Code, their Lordships have held thus:
"4. Section 115 of the Code of Civil Procedure
as amended does ... with
effect from 01.07.2002 in Section 115 of Code of
Civil Procedure cannot and does not affect in any
manner the jurisdiction of the High
they cannot be held to be a civil court as
contemplated under Section 115 Civil Procedure Code or a
Court as defined in Section ... Civil Procedure Code in an
application under Section 34 of the said Act, such provision
of Order 23 of the Civil Procedure Code is applicable
amended Section :ii(eis"refiļ¬mbered as Section 115(1)
and a proviso was eidded' to the said sub~Section and Section ... deciding an issue in the suit or other
disposed of.
3.3.7. Section 115 cpc,
(Amendment) Act 46 of effect from
1.7.2002 reads
provided by the last foregoing section and section 622 of the [Code of Civil Procedure, 1882] [Now see Section 115, Code of Civil Procedure
application filed under Section 24 of C.P.C. or whether a C. R. P. under Section 115 , C.P.C. can be filed. This ... revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure, 1908. The Revision Petitions are required to be examined
excerpts from it would run thus:
"4. Section 115 of the Code of Civil Procedure, as amended, does not now permit a revision petition ... sought to be suppressed by the amendment of Section 115 of the Code of Civil Procedure is axiomatic and obvious and if the view
dismissed, otherwise than on
merits, a Civil Revision Application u/s. 115 of the Civil Procedure
Code was permissible, which is refected from Kawadu ... para 4, which reads, thus:
30 "4. Section 115 of the Code of Civil
Procedure as amended does not now permit a
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Section 115 of the Code of Civil Procedure read with Section 141 of the Code of Civil Procedure and the relevant Bengal Rules already discussed ... Code of Civil Procedure is not a civil court either within Section 3 of the Code of Civil Procedure or within Section
larger Bench: -
"(1) Whether a revision under Sec. 115 of the Code of Civil Procedure lies to the High Court from a revisional order ... Whether the High Court possesses revisional jurisdiction under Sec. 115 Code of Civil Procedure in respect of an order of the District Court under Sec