Civil Revision [CPC, 1908]

Civil Revision [CPC, 1908]

INTRODUCTION

Revision under section 115 of the code of civil procedure, 1908 gives an aggrieved party an option to appeal to the high court under revisional jurisdiction if the case decided by the subordinate court seems arbitrary, irregular, illegal or out of its jurisdiction for revision of the case to ensure fairness and justice. The adjudicators of subordinate courts have the outright power to give decision on cases. They don’t submit any “jurisdictional mistake” in any event when they illegitimately or extra-judicially choose a case. The High Court can reconsider these jurisdictional mistakes submitted by subordinate courts. This gives a chance to an aggrieved party to appeal for revision a non-appealable decision given by a subordinate court.

The High Court has power to revise any decision on a case given by a subordinate court where no appeal lies under section 115 of CPC, 1908 only if any jurisdiction has exercised which was not vested by the law under the subordinate court; or if the subordinate court failed to exercise its jurisdiction vested under law; or if the subordinate court practices its jurisdiction wrongfully or with material inconsistency or by breaching the law provisions or by submitting the decision with errors of procedure throughout the preliminary course of the trial which may have influenced the decision of the court.

The filing of revision application of the case can be done by an aggrieved party only if there is no appeal lying against the case. Then it may be considered by the high court to set the case for revision if the cause for revision lies as extra-judicial, illegal or an error in the procedure of law by the subordinate court. In this matter of the case, S.Muthu Narayan V. Paulraj Naicker, it was ruled by the court that the order passed by the subordinate court will be held final as there is no grounds for revision of the case.

Conditions for Revision u/s 115 of CPC, 1908

The conditions for revision of the case is on the discretion of High Court that exercise revisional jurisdiction under section 115 of the Code of Civil Procedure. There are certain conditions that are to be met for the High Court to exercise its revisional powers. These are as per the following:

I. PRECEDENTS

The case should have already been decided by the subordinate court with a proclaimed judgement. A case can’t be held for revision if in the event it has not been decided and no judgment is given. The articulation “decision of case” was not characterized in the CPC, 1908. This brought about various clashing choices on whether or not the said articulation incorporated an interlocutory order moreover. This contention was settled on account of Major S.S. Khanna V. Brig. F.J. Dillon, 1963 which announced that Section 115 applies even to interlocutory orders.

In this another case Baldevdas Shivlal V. Filmistan Distributors pvt. Ltd., 1969, the Supreme Court held that a case might be said to have been decided if the court arbitrates with the end goal of the suit some right or commitment of the party in debate. Each decision in the suit can’t be recorded as a case decided.

A clarification was added to Section 115 by the Amendment Act of 1976, on the suggestion of the Joint Committee of Parliament. This clarifies that the articulation, “case decided” incorporates any request made, or any request deciding an issue, throughout a suit or some other continuing. Hence, “any case which has been decided” signifies every decision which ends a piece of the debate including the jurisdiction in question.

II. NO APPEALLING

While in the process of revision of the case, there should not be any appeal lying against the case decided by the subordinate court. The High Court can’t revise a case in which there is a prior appeal against the case as the revision can’t be done by the high court while appeal lying and the other way around. The filing of revision can only be done when the appeal dismisses. “Appeal” incorporates both the primary appeal and second appeal. Hence, the revision of a case can only be done with no appeals lying for that case.

III. ERROR OF JURISDICTION

The error of jurisdiction by subordinate court can be a ground for revision of a case by high court when it appears to have acted as:

In excess of its jurisdiction which is vested in it by law.
Not exercised its jurisdiction which is vested in it by law.
Exercised its powers unlawfully with material irregularity with breach in provision of law.

IV. SUBORDINATE COURT

The High Court can’t practice revisional jurisdiction except if a case is decided by subordinate court to the High Court. court of civil judicature is considered, and this does exclude any individual acting in an authoritative limit. When in doubt, where it is given that a matter ought to be decided by a specific court, the directing official of such court will go about as a court. Yet, where it is given that a specific appointed authority ought to decide the matter, the arrangements of the rule should be considered for deciding if the legal official goes about as a court or as a persona designata. The amendment by the High Court is predominantly done to correct the jurisdictional or procedural blunders brought about by subordinate courts throughout procedures regardless of when an application is filled by the party.

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—

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 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.

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. Also, a revision shall not operate as a stay of suitor in other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.

To know more about Revision [Civil], go on clicking on the following links

Grounds for Condonation of delay in preferring Revision
Stay by Revision Court
Dismissal of Revision for Revisionist’s default
Power of Revision Court
Which Court To Be Approached To File Civil Revision- Revision lies before The District & Sessions Judge | High Courts of various States | Supreme Court Of India,
Relevant Provisions For Civil Revision- Sections-115 Of The Code Of Civil Procedure, 1908.

CONCLUSION

The power of revision of the High Court is exceptional and should be exercised when necessary in cases where there is a defect in the proceedings due to jurisdictional error in the subordinate courts which may result in a miscarriage of justice and beats the purpose of the rule of law. The revisional powers are granted to the High Courts to ensure that there is a remedy to the aggrieved party in case the system of justice falters due to jurisdictional errors. The High Court has been granted the power to revise a case if it is observed that a subordinate court has not acted according to the power vested in it by law under its jurisdiction.

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