Section 115 in The Code of Civil Procedure

Title: Revision

Description: 1[(1)] The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit: 2[Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceedings.] 3[(2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto. 4[(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.] Explanation--.In this section, the expression" any case which has been decided "includes any order made, or any order deciding an issue in the course of a suit or other proceeding.] 1. Section 115 re-numbered as sub-section (1) by Act 104 of 1976, s. 43 (w.e.f 1-2-1977). 2. The Proviso subs. by Act 46 of 1999, s.12, (w.e.f. 1-7-2002). 3. Ins. by Act 104 of 1976, s. 43 (w.e.f 1-2-1977). 4. Ins. by Act 46 of 1999, s.12 (w.e.f. 1-7-2002).

Title: Part to apply only to certain High Courts

Description: 1, 2This Part applies only to High Courts 2 [not being the court of a Judicial Commissioner]. 1. Subs. by Act 2 of 1951, s. 14, for "CHARTERED HIGH COURTS" (w.e.f. 1-4-1951). 2. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for "For Part A States and Part B States".

Title: Application of Code to High Court

Description: Save as provided in this Part or in Part X or in rules, the provisions of this Court shall apply to such High Courts.

Title: Execution of decree before ascertainment of costs

Description: Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs; and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation.

Title: Unauthorized persons not to address Court

Description: Nothing in this Code shall be deemed to authorize any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter authorized him so to do, or to interfere with the power of the High Court to make rules concerning advocates, vakils and attorneys.