Showing posts with label Civil Procedure Code. Show all posts
Showing posts with label Civil Procedure Code. Show all posts



  1. Section One Hundred and Fifteen [115] of Code of Civil Procedure 1908 provides for Revision.
  2. This Section [115] empowers the High Court to entertain a revision in any case dealt by a Lower Court in certain circumstances. This jurisdiction is also called as Revisional Jurisdiction of the High court 
  3. Requirements of Revision 
    • The High Court can exercise its Revisional Jurisdiction, only if the following four conditions are satisfied - 
      • The Case must have been decided by the Subordinate Court 
      • The Court deciding the case should be Subordinate to the High Court. 
      • The Order delivered by the Subordinate Court must not be the Appealable Order. 
      • While passing the Order of the case the Subordinate Court must have exercised a jurisdiction not vested in it by law; or it must be acted in the exercise of its jurisdiction illegally or there should be a material irregularity. 
  4. The powers of revision given to the higher courts are very wide and squarely discretionary.  
  5. The Application for Revision can be filed within ninety days from the date of the order.



  1. Section One Hundred and Fourteen [114] of Code of Civil Procedure 1908 provides for Review of the Judgement.
  2. The Supreme Court of India can review its own orders and judgment under Article 137 of the Indian Constitution. 
  3. The meaning of the term Review is to reconsider, to look again or to re-examine. 
  4. In legal terminology, it is nothing but a judicial re-examination of the decision of the case by the same court. 
  5. The Application for Review of judgment may be made on following points – 
    • Finding of a New Evidence
      • The detection of new evidence can be the ground for the filing of an Application for review of Judgement. 
      • Whenever, the party discovered a new fact or important matter evidence after exercise of due diligence, was not within his knowledge during the matter was heard or at the time when the judgement was passed, application of review is permissible.
    • Mistake or apparent error
      • The Application for review can be filed on the ground of a mistake or error apparent from the record. The error can be of fact or of law. 
      • Example - Pronouncement of Judgment without taking into consideration the fact that the law was amended with retrospective effect.
    • Any Other Reasonable or Sufficient ground 
      • The Application for review may be made on any other sufficient ground. However, it has not been elaborated in the code. 
      • The ground for review must be a bonafide ground.
  6.  It may be noted that, a Review of a Review cannot be permitted under the Civil Procedure Code 



  1. Section One Hundred and Thirteen [113] of the Civil Procedure Code dealt with reference. 
  2. It empowers a subordinate court refers the case for the opinion of the High Court. 
  3. The Subordinate Court refers the matters containing the questions of law to the High Court for the opinion on that issue.  
  4. The High Court may pass any Order in respect of the said question of law, as it deems fit. This process is termed as a Reference. 
  5. The aforesaid power can be exercised by the High Court - 
    • On its own motion (Suo motu), or
    • On an the application filed by any of the parties 
  6. It may be noted that, a right of reference and right of appeal is completely different. 
  7. The object of reference is to enable the subordinate Court to obtain the opinion of the High Court on question of law to avoid the further commission of error.
  8. The Subordinate Court must have to satisfied the following three conditions in order to make a reference-
    • There must be a pending Suit or appeal in which the degree is not subject to an appeal or a pending proceeding in the execution of such decree: 
    • The question of law shall arise during the course of such suit or appeal or proceeding; and 
    • The court which dealing with the suit or appeal must have a reasonable doubt on such question. 
  9. Normally, in such type situation, the subordinate Court may stay proceeding before it. 
  10. However, during the pendency of Reference, if the subordinate Court proceeds with the matter and passes a decree or order, in such circumstances no such decree or order can be executed until the receipt of a copy of the Judgement of the High Court. 

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