Court : Gujarat
Reported in : AIR1996Guj165; (1996)1GLR514
..... the full bench has further held as follows in paragraph 12:'the courts while appointing receiver under order 40, rule 1 of the code of civil procedure may not deprive the defendant of possession, in case of immovable properties provided that the defendant is ready and willing to continue in possession as agent of the receiver on the terms and conditions ..... contended that an auction purchaser is not entitled to recover physical possession from a party in view of the provisions contained in order xxi, rule 95 of civil procedure code and that the auction purchaser must be held to be entitled only to a symbolic possession and nothing more. mr. ..... nanavati submitted that order xi, rule 1(2) of civil procedure code does not authorise the court to remove from the possession or custody of the property anyperson whom any party to the suit does not have a: present right so to ..... 639of 1995 and civil revision applications 2159 of 1995 as also civil revision application no ..... and 218 of 1986 in the court of the learned civil judge (senior division) at rajkot. ..... two orders, civil revision applications ..... it may, the main controversy before me is whether the plaintiff-judgment creditor has a present right to remove the appellants from the suit property or whether that was prohibited under the provisions of order xl, rule 1(2) of civil procedure code. ..... that inducting of the so called tenants subsequently the attachment before judgment was void in view of the mandate of section 64 of the civil procedure code. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)1GLR789
..... of section 6 of the general clauses act are not attracted in the present case for the reason that there is no substantive vested right in a litigant to seek revision under section 115 of the code of civil procedure by the high court and in the absence of any saving specifically made, it will have to be held that the provisions as amended by the amending act of 1999 shall apply to pending revisions also ..... order is passed by the learned district judge in an appeal against the interim order passed by the learned trial judge and as per the proviso to section 115 of the code of civil procedure, this court, while exercising its revisional jurisdiction shall not vary or reverse any order made or deciding the issue, in the course of the suit or other proceeding except where the ..... bombay high court has come to the conclusion that the right of revision cannot be said to be existing in the person under section 115 of the code of civil procedure for there is not even a mention of any such application maintained at the instance of the applicant much less it can be called a right ..... , 2002 (3) mah.lj 921, wherein it is held that the provisions of section 115 of the code of civil procedure, 1908 as amended by the code of civil procedure (amendment) act of 1999 with effect from 1-7-2002 are applicable from that date to all proceedings pending in the high court under section 115 of the civil procedure code and all revision applications were pending as on 1-7-2002 or filed thereafter have to be dealt with .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1999Guj251; I(2000)DMC323; (1999)2GLR1170
..... at ahmedabad for stay of the proceedings in the divorce petition filed by her husband on the ground as aforesaid, no case for exercise of inherent powers under section 151 of the code of civil procedure can be said to be made out in her favour, because there were exclusive provisions for execution of the order passed in any proceedings under the hindu marriage act and it is the ..... for a different purpose in a different court at a different place and in different state and, therefore, there was no justification for invoking the inherent powers under section 151 of thecode of civil procedure for the purpose of staying the proceedings in the divorce petition filed by the husband at the instance of the wife because she was aggrieved against the non-compliance of the order passed ..... by the family court at bombay and it is a case of the failure of the exercise of the jurisdiction and the inherent powers of the court under section 151 of the code of civil procedure and that it was a fit case in which such power could be exercised in favour of the present petitioner and that the view taken by the court while passing the impugned order ..... order for maintenance pendente lite had been passed by the family court at bombay, the fact remains that the divorce petition filed by the husband is pending in the civil court at ahmedabad and it cannot stay the proceedings pending before itself on the ground that the order of maintenance pendente lite passed by the family court at bombay has not been .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj55; (1971)0GLR174
..... held as long ago as 1886, ilr 10 bom 610 (fb), and as recently as a year ago, 47 bom lr 350 = (air 1945 bom 336), that this court has power to interfere in revision under section 115 of the code of civil procedure in proper cases where the trial court has placed a suit under a wrong provision of the court-fees act, and the competence of the present revision application, therefore, calls for no further discussion.'22. ..... the relevant observations made are:'it is clear that illegality contemplated by section 115 (c) of the code of civil procedure is a procedural illegality and so far as the material irregularity is concerned, it must also be a material irregularity relating to procedure and as has been pointed out by the supreme court in ..... paid and when possession is sought, full ad valorem fee be paid as leviable on a suit for possession on the basis of the title of the subject-matter, even then the lower court being the court of the civil judge, senior division, had jurisdiction to proceed with the suit. ..... a revision petition filed under section 115 of the civil p.c against the order passed by learned. ..... jurisdiction in revision exercised by the high court under section 115 of the code of civil procedure is strictly conditioned by cls. ..... in special civil suit no ..... , is not a decision with which the petitioners can be said to be aggrieved and unless a person is aggrieved by the decision he has no right to invoke the revisional jurisdiction of the high court under section 115 of the civil p.c. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1977Guj109; (1975)GLR892
..... 148 of the civil procedure code, even after the time fixed by the court in the decree had expired. ..... 118 of the civil procedure code (which will be hereinafter referred to as 'the code'), that rule reads:'if a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by ..... 148, civil procedure code, even if the original time fixed by the court had expired. ..... 40, in summary civil suit no. ..... 18, civil procedure code, has got to be considered. ..... 115 of the civil v. c. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1973Guj207; (1973)0GLR980
..... 2 under section 115 of the civil procedure code (which will be hereinafter referred to as 'the code'), against the order passed by the learned civil judge, senior division, kutch at bhuj in special civil suit no. ..... balance of authority is in favour of the view that (1) ordinarily, in the case of a witness not under the control of the party asking for the commission who resides beyond the limits fixed under order 16, rule 19 (by-law), civil p. c. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj291; (1963)GLR1022
..... in order, therefore, to decide whether the appeal lies to the high court or not, we have to determine the valuation of the subject-matter in the suit decided by the civil judge, that is, we have to determine the value of the subject-matter in this suit at the time of the decree because after the plaint is filed and before the suit is decided, the plaint can be amended, if it is ..... ' it is, therefore, clear that for the purpose of determining the jurisdiction under section 26 of the civil courts act, we have to look at the suits valuation act and wherever it applies to section 8 of ..... 'section 26 of the same act provides as follows : 'in all suits decided by a civil judge of which the amount or value of the subject-matter exceeds ten thousand rupees, the appeal from his decision shall be direct to the high ..... the suit was originally filed in the court of civil judge (junior division), but as by joint purshis the parties agreed that the value of the suit ..... 10,000/-, the suit was transferred to the civil judge, senior division, when the matter went up in appeal, the appellate court was of the view that the district court was not competent to hear the appeal, but only the high ..... it is in order to make section 26 of the bombay civil courts act applicable that section 8 of the suits valuation act has ..... .the jurisdiction of a civil judge, juniordivision, extends to all original suits and proceedings of a civil nature wherein the subject-matter does not exceed in amount or value ten thousand .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1991Guj185; (1991)2GLR705
..... time being in force, any other court, tribunal or authority shall not have jurisdiction to make orders with regard to the possession, delivery disposal or distribution of such property, thus, the jurisdiction of the civil courts, in case of' seizure or any order under the act in relation to essential commodities, is expressly barred. ..... (ii) if, while creating a liability, no mechinary is provided for enforcement, civil court's can entertain tire suits, besides the suit of which the cognizance ..... express bar oft he jurisdiction of the civil court in the essential commodities act itself ..... such a case, the question whether the civil court's jurisdiction is impliedly excluded within the ..... brings into the focus as to whether the civil court has jurisdiction in such matters or not ..... for the state, seriously contended that civil court has no jurisdiction and, therefore, the passing of interim order by the trial court and then confirming by the appellate court would be ..... therefore, as observed hereinbefore, the jurisdiction of the civil courts will get also excluded. ..... all disputes of civil nature are tribal by the civil courts, except which ..... has invoked the provisions of s, 115 of the code of civil procedure ('code' for short hereinafter).2. ..... is that when a legal right and an infringement thereof, if complained of or alleged, cause of action is disclosed and unless there is an express or implied bar to the entertainment of the suit, ordinarily civil courts are bound to entertain such civil claims. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR192
..... tried as if section 3 had not come into force; (c) the provisions of section 58 of the principal act, as amended by section 5 of this act, shall not apply to or affect any person detained in the civil prison in execution of a decree before the commencement of section 5; (d) the provisions of section 60 of the principal act, as amended by section 6 of this act, shall not exempt salary from attachment to the extent mentioned ..... judgment and order of the district court and even if the said judgment and order were in favour of the present revisionist, it would not have disposed of the suit or other civil proceedings finally, and therefore, the revision application will be hit by the proviso to sub-section (2) of section 115 of the code, and therefore, such a revision application is not ..... of the present matter in which the revision application has been filed against the judgment and order of the district court under order 43 of the civil procedure code, a question would arise as to whether the order if was passed in favour of the present petitioner, it would have disposed of ..... independent separate proceeding, then in that event an appeal against the order passed on such an application under order 43 of the civil procedure code cannot be treated to be an independent separate proceeding when an appeal under order 43 cannot be treated to be a separate civil proceeding, then the judgment and order recorded by the court disposing of such an appeal cannot be treated to be a separate .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2006Guj16
..... party is likely to be prejudiced on account of substantive procedural error then supervisory jurisdiction should be exercised when the appellate court has laid down the law that after amendment in the code of civil procedure and more particularly in section 115 of the code of civil procedure, a substantive petition under article 227 of the constitution of india would lie and the error of law or a grave procedural error even can be rectified in exercise of powers of jurisdiction under ..... considering the scheme of order 16 rule 3 of the code of civil procedure, the ld. ..... , it is observed that it is open for the petitioner to prove the fact involving the question of law by leading evidence, if it so desires, stating details as required under order 16 rule 3 of the code of civil procedure. 8. ..... of the constitution of india is not permitted to be invoked because most of the irregularities can be taken care of well by the appellate court while dealing with the appeal after the final decision/ judgment and decree passed in a civil proceedings. ..... is important to consider that the documents, if any, in custody of plaintiff-board could have been got produced under the scheme of code of civil procedure.2. ..... civil judge below exh.125 is hereby quashed and set ..... civil judge is erroneous and the decision is a decision which can be termed as decision arrived at by exceeding jurisdiction vested with the ..... civil judge ought not have ordered to issue witness summons to the legal adviser of the board. .....
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