Revision: Provisions under the Code of Civil Procedure (CPC).

हिंदी में पढ़ें:

The provisions regarding revision in the Code of Civil Procedure (CPC) are given in Section 115, which empowers a high court to review a lower court’s decision if the decision is contrary to the jurisdiction of the court that delivered the decision. This provision covers all the fundamental aspects of revision, such as when a revision is conducted, who has the authority to conduct the revision, which court has the jurisdiction to consider the revision, etc.

The provision of revision applies only when there is no appeal or when the court’s decision is beyond its jurisdiction, etc., and is exercised by the court itself Suo Moto (on its own initiative) or on the application of an aggrieved party. If an appeal is amenable to a case, a revision will not be filed. The High Court intervenes only when there is a serious lack of jurisdiction or a significant error in the exercise of jurisdiction. The purpose of revision is not to re-hear the case on the facts, but to ensure that lower courts act within the scope of their legal authority.

What is Revision?

Revision is a legal procedure or mechanism that allows a high court to examine and reverse/revise/correct a subordinate court’s jurisdictional error or mistake. It applies when there is no appeal or when the subordinate court’s decision is beyond its jurisdiction. It ensures that the subordinate court does not abuse its authority or act illegally.

When revision is maintainable:

• When there is no appeal against such order or decree.
• When the error is jurisdictional.
• When the order affects the rights of the parties.

When revision is not maintainable:

• When an appeal is allowed but not filed.
• If new facts of the case are discovered.
• No revision lies against interlocutory orders unless the order would have finally disposed of the suit.

Limitation on this power:

• A revision application must be filed within 90* days.

Objectives of Revision

Following are the objectives of revision:

1. To correct jurisdictional errors: One of the most important purposes of revision is to correct jurisdictional error of the subordinate court.
2. To exercise supervisory control: Another objective of the revision is to maintain the supervisory authority of high court.
3. To ensure legality of proceedings: This objective ensures that courts act according to law and procedure.
4. To prevent miscarriage of justice: Another objective of a revision is to correct serious legal errors that may cause injustice.
5. To control improper exercise of power: This objective prevents courts from acting illegally or with material irregularity.
6. To maintain uniformity in law: This objective ensures consistent application of law by subordinate courts.

Grounds of Revision

Following are the grounds of revision:

1. Exercise of jurisdiction not vested by law: When a lower court exercises a power it does not legally possess.
2. Failure to exercise jurisdiction vested by law: When a lower court does not exercise a power authorized by law.
3. Illegal exercise of jurisdiction: When a court acts illegally in the exercise of its jurisdiction.
4. Material irregularity in exercise of jurisdiction: When a court uses an improper procedure that results in a miscarriage of justice.
5. No appeal lies: Revision is allowed only when no appeal lies against the order or decree.

Procedure of Revision

Following are the procedure of revision:

Step 1 – Detection of Jurisdictional Error:

The process of revision begins when a subordinate court commits a jurisdictional error. This can occur when the court exercises jurisdiction not granted to it by law, or when exercising its jurisdiction, it commits an unlawful act.

Step 2 – Cognizance and calling for Records by the High Court:

The High Court takes cognizance of a revision either on its own motion or through a petition from the aggrieved party, and once the court takes cognizance, it calls for the record of the case decided by the subordinate court. Note: A revision can be made only if there is no appeal against the order or decree and the basic requirements for revision are met.

Step 3 – Examination by the High Court:

Upon receiving the record, the High Court examines it to determine whether the subordinate court committed any jurisdictional error. Note: The High Court does not re-examine the facts or evidence as an appellate court does; rather, it merely verifies the legal validity, correctness, and regularity of the jurisdiction.

Step 4 – Decision of the High Court:

After investigation, if the High Court finds any error, it passes an appropriate order to correct the error. However, the High Court cannot interfere with an interim order unless such an order leads to the final disposal of the case.

Step 5 – Effect of the Order:

An order passed by the High Court is binding on the subordinate court, and the trial court must proceed with the case as directed by the High Court. Note: A revision petition does not automatically stay proceedings unless the High Court specifically grants a stay.

Provision for revision under CPC

Section 115 – Revision

(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:

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.

(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.

(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.

-Bare Language

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QNA/FAQ

Source:

• https://www.indiacode.nic.in/bitstream/123456789/13813/1/the_code_of_civil_procedure%2C_1908.pdf
• The Code of Civil Procedure, 1908