Direction Under Order 41 Rule 5 CPC Can Be Interfered With Only If It Is Arbitrary Or Perverse : Bombay HC [Read Judgment]

The Bombay High Court has observed that an order passed by an appellate court under Order 41 Rule 5 of the Code of Civil Procedure can be interfered with only if it is arbitrary or perverse."I must observe that the appellate Court's power under Order 41, Rule 5 is discretionary. And so long as that exercise is not arbitrary or perverse, the Revisional Court, either under Section 115 of CPC...