Sec. 115 - Order rejecting a plaint for non-payment of court-fees that had been ordered earlier. The order is a decree. Only appeal will lie. No revision lies. [ N.Narayani Ammal vs P.Sanjeev. 2001 (2) KLT 588 = 2001 (2) KLJ 294 = ILR 2001 (3) Kerala 114. Dated 21st June, 2001. M.R.Hariharan Nair (J)]
Commission report - enquiry was conducted and order was passed under Order 26 Rule 10(2) - Final order, revision maintainable [Varghese vs Shameema. 2001(1) KLJ 135.S.Marimuthu (J)]
Sec. 115 - Election Petition - Interim order issued by the Munisiff Court - Revision will lie . [Bindu Vijayakumaran nair v. Bindu Rajappan. 2001 (3) KLT.155. K.A.Mohammed Shafi (J)]
Suit for partition - Modification of preliminary decree - If sharers are not satisfied, they have to file an application before the amendment of preliminary decree. In the absence of such application interference in final decree proceedings not permissible. [Soosamma Yohannan and ors vs. Elias and ors. 2001(1) KLJ 235. M.R.Hariharan Nair (J)]
Order under Order 38 Rule 5 -Application for the arrest of defendant before judgment - On appearance the petition was closed. Revision maintainable against such order . [ S.Selvarathnam vs. Rajasekharan Nair . AIR 2001 Ker 1. M.R.Hariharan Nair (J)]
Order under Order 41 Rule 1 is appealable. No revision lies in view of Sec. 115(2). [M/s. Bagsvig vs Coron (India). CRP.No. 2664 of 1999. Dated 27th October, 2000. M.R.Hariharan Nair (J)]
Sec. 104(2) - Interlocutory order passed in an appeal under this section is not appealable. Revision lies. [Sree Narayana Ddharama Samjam vs Mohandas. 2001(1) KLT 255 = AIR 2001 Ker 56.. D.Sreedevi (J)]
Or. 26 Rule 9- It is only those interlocutory orders which would come within the scope of the proviso to sub-section (1) of section 115 are revisable under section 115 of the Code of Civil Procedure. -- An order rejecting an application to remit the commissioners report would not come within the scope of the said proviso and therefore not revisable under section 115 of the code of civil procedure. [Vashayil Mahmood Vs. L.V.Ali Hajee & another ,Unnumbered CRP / 99 dated 20-08-99 ,Justice K.K.Usha & Justice R.Rajendra Babu.1996(1)KLT page 162 affirmed]