Revision

Introduction

Section 115 of the Code of Civil Procedure, 1908 (CPC) empowers the High Court to entertain a revision in any case decided by any subordinate court in certain circumstances. Revision means the action of revising, especially critical or careful examination or perusal with a view of correcting or improving.

Section 115 of CPC

This section lays down-

(1) The High Court, in cases arising out of original suits or other proceedings of the value exceeding five lakhs rupees and the District Court, in any other cases, including a case arising out of an original suit or other proceedings instituted before the commencement of the Code of Civil Procedure ( Orissa Amendment) Act, 2010, may call for the record of any case which has been decided by any Court subordinate to the High Court or the District Court, as the case may be, 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 or the District Court, as the case may be, may make such order in the case as it thinks fit.

Provided that in respect of cases arising out of original suits or other proceedings of any valuation decided by the District Court, the High Court alone shall be competent to make an order under this section.

(2) The High Court or the District Court, as the case may be, shall not under this section, vary or reverse any order, including an order deciding an issue, made in the course of a suit or other proceedings, except where the order, if it had been made in favor of the party applying for revision, would have finally disposed of the suit or other proceedings.

(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 or District Court, as the case may be.

Explanation—In this section, the expression, “any case which has been decided” includes any order deciding an issue in the course of a suit or other proceeding.

Object of Revisional Power

• It provides the means to an aggrieved party to obtain rectification of a non-appealable order.
• It provides for the effective exercise of its superintending and visitorial power.
• It prevents the subordinate courts from acting arbitrarily, illegally or irregularly in the exercise of their jurisdiction.

Scope of Revisional Power

• The power given by this section is clearly limited to the keeping of the subordinate courts within the bounds of their jurisdiction.
• In the exercise of this power, it is not the duty of the High Court to enter into the merits of the evidence.
• It is not directed against the conclusion of law or fact in which the question of jurisdiction is not involved.
• A revision also lies where a subordinate court has failed to exercise jurisdiction vested in it by law.
• The jurisdiction under this section is a discretionary one. It is limited in its scope and covers only jurisdictional errors.
• The High Court can call for the record of the case suo moto (on its motion) and revise the same.
• The High Court is not bound to interfere under this section except in the aid of justice.
• It applies to cases in which no appeal lies.

Case Laws

• In the case of Pandurang Ramchandra Mandlik v. Maruti Ramchandra Ghatge (1996), the Supreme Court held that an erroneous decision on question of law reached by the subordinate court which has no relation to question of jurisdiction of that court cannot be corrected by High Court under Section 115 of CPC.
• In the case of Welcome Hotel v. State of A.P (1983), the Supreme Court held that where a court having jurisdiction exercises it in an irregular manner due to a mistake of the parties, there is no ground for interference in revision.