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SINDHU SHARMA
Bittu Ram – Appellant
Versus
Suram Chand – Respondent
JUDGMENT :
1. This reference is under section 113 of the Code of Civil Procedure which has been made by the then Sub-Judge Ramban. The facts in the suit giving rise to this reference are as under;
2. A civil suit for permanent prohibitory injunction restraining defendant from interfering in possession of the land of plaintiffs measuring 01 kanal and 06 marla comprising Khasra No. 480 situated in village Parnote Tehsil and District Ramban was filed by 09 villagers against the 12 persons of the same village. The trial court passed ad interim order on 26.09.2009 restraining the defendant from interfering till objections were filed and considered. After hearing the parties, the order of injunction dated 26.09.2009, however, was vacated by the trial Court vide its order dated 23.12.2009. The plaintiff challenged the order vacating ad interim order by filing a miscellaneous appeal before District Judge, Ramban. This appeal was allowed by the District Judge Ramban vide order dated 25.10.2010 with a direction to the parties to maintain status quo on spot.
3. The defendants challenged the order dated 25.10.2010 by filing a revision under section 115 of CPC. When this revision i.e. C. Rev. No.
The main legal point established is the need to consider the implications of revisions and orders when deciding on remand, and the limitations and conditions for making a reference to the High Court ....
The main legal point established in the judgment is that the proviso to Section 115 (1) CPC applies to interim non-appealable orders made in the course of a suit or other proceeding, and does not bar....
A trial court's order must be reasoned and address all objections raised; failure to do so results in substantial injustice.
The central legal point established in the judgment is the material restrictions imposed on the revisional jurisdiction of the High Court under the amended S. 115 of the CPC.
Revision petitions under Section 115 are non-maintainable against orders passed under Section 96; appeal should be under Section 100 of the Code of Civil Procedure.
The grounds for rejection of a plaint under Order VII Rule 11 of the CPC cannot be examined at the stage of defendant's evidence and go into the merits of the suit, which should be decided during the....
Point of Law : Revisional jurisdiction under Section 115 CPC is to be exercised to correct jurisdictional errors only.
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