Section 115 C.P.C

rajan chopra (Querist) 05 November 2016 This query is : Resolved
Sir in a summary suit being filed by me the defendant filed an application for entering an appearance and seeking leave to defend the suit and the same was allowed by Ld. Court despite being resisted and objected by us on the grounds of that the application filed by defendant was not filed as per provisions in order 37 C.P.C.Now as we want to file revision against the order and for that should we move to LD Session court or Hon'ble High Court and wheather u/s 115 C.P.C or any other section ?

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R.K Nanda (Expert) 05 November 2016
u can file revision in high court u/s 115 of cpc against said order of lower court.

Devajyoti Barman (Expert) 05 November 2016
115 CPC no more applied in the case of revision against interim order.

You have to file the same under Article 227 of the Constitution of India.

Rajendra K Goyal (Expert) 06 November 2016
Full case file and orders of court need to be referred, discuss with some senior lawyer.

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