Source: Supreme Court

Why in News?

A bench of Justice BV Nagarathna and Justice Ujjal Bhuyan held non-maintainability of a Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) in the case where an application submitted under Order IX Rule 13 of the CPC seeking to set aside an ex-parte decree was dismissed.

• The Supreme Court gave this observation in the case of Koushik Mutually Aided Cooperative Housing Society v. Ameena Begum.

What is the Background of Koushik Mutually Aided Cooperative Housing Society v. Ameena Begum Case?

• The appellant approached V-Senior Civil Judge, City Civil Court, Hyderabad seeking a decree of specific performance of an agreement to sell.
• An ex-parte decree was passed by the Civil Court in his favor.
• Hence, the respondents filed an application under Order IX Rule 13 of the CPC for setting aside the ex-parte decree along with an application for condonation of delay of 5767 days in filing the application for setting aside ex-parte decree.
• Application of respondents seeking condonation of delay was dismissed and the petition filed under Order IX Rule 13 CPC seeking setting aside of the ex-parte decree also stood dismissed by the Civil Court.
• Consequently, one of the respondents approached the Telangana High Court for Civil Revision of order of dismissal of ex-parte decree. And HC set aside the decision of the lower court.
• Hence, the appellant filed an appeal against the order of HC before SC.

What were the Court’s Observations?

• The SC allowed the appeal stating that “We set aside the impugned order on the ground that the said order was passed in a Civil Revision Petition which was not at all maintainable under Section 115 of the CPC”.
• However, the court further said that liberty is reserved to the respondent to file an appeal under Order XLIII Rule 1(d) CPC, if so advised, on or before 31^st December 2023.
• The court said in this regard that when there is an express provision available under the CPC for appeal, by-passing the same, a Revision Petition cannot be filed.

What were the Remedies Against Ex-Parte Decree Highlighted by the Court in this Case?

The SC said that as against the ex-parte decree, a defendant has three remedies available to him.

• First, is by way of filing an application under Order IX Rule 13 CPC seeking for setting aside ex-parte decree;
• The second, is by way of filing an appeal against the ex-parte decree under Section 96(2) of the CPC;
• The third is by way of review before the same court against the ex-parte decree.

What is Civil Revision under Section 115 of the Code of Civil Procedure, 1908?

• Scope of Revisional Jurisdiction:
  • Section 115 of CPC grants revisional jurisdiction to HCs.
  • It allows the HC to scrutinize and correct orders passed by subordinate courts.
• Grounds for Revision:
  • Under Section 115 of CPC of the HC may call for the record of any case which has been decided by any Court subordinate to such HC and in which no appeal lies thereto, and if such subordinate Court appears:
    • to have exercised a jurisdiction not vested in it by law, or
    • to have failed to exercise a jurisdiction so vested, or
    • to have acted in the exercise of its jurisdiction illegally or with material irregularity.
  • The HC may make such an order in the case as it thinks fit.
• Limited Scope of Revision:
  • The revisional power is not an appellate power; it is corrective in nature.
  • HCs cannot reevaluate the evidence or interfere with mere points of law.
• Erroneous Exercise of Jurisdiction:
  • Revision can be sought when a court exercises jurisdiction illegally or with material irregularity.
  • It provides a remedy against miscarriage of justice resulting from the erroneous exercise of jurisdiction.
• Judicial Discretion:
  • The power conferred by Section 115 is discretionary.
  • The HC may decline to interfere if the lower court's order is not vitiated by jurisdictional errors.
• Orders Subject to Revision:
  • Revision can be sought against orders, decrees, or judgments of subordinate courts.
  • It covers a wide range of judicial determinations that affect the rights of the parties involved.
• Not Stay of Suit:
  • 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 HC.