Code
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.
Explanation of Section 115 CPC
Section 115 of the Code of Civil Procedure, 1908 grants revisional jurisdiction to the High Court. This provision allows the High Court to supervise subordinate courts and correct jurisdictional errors when no appeal is available.
A revision petition is not an appeal. The High Court does not re-examine all facts or evidence. Instead, it examines whether the subordinate court acted within its legal authority.
When Can the High Court Exercise Revision Jurisdiction?
The High Court may exercise its revisional power when:
- No appeal lies against the order or decision.
- The subordinate court exercised jurisdiction that the law did not grant.
- The subordinate court failed to exercise jurisdiction that the law required it to exercise.
- The subordinate court acted illegally or with material irregularity while exercising its jurisdiction.
Thus, Section 115 CPC focuses on jurisdictional errors rather than factual disputes.
Exercise of Jurisdiction Not Vested by Law
A court acts without jurisdiction when it decides a matter that the law does not authorize it to decide.
In such cases, the High Court may interfere through revision.
Failure to Exercise Jurisdiction
Sometimes a court refuses to decide an issue that it is legally required to determine.
This failure may justify the exercise of revisional jurisdiction.
Illegal Exercise of Jurisdiction
Even when a court has jurisdiction, it must exercise that jurisdiction according to law.
If the court acts illegally or commits a material procedural irregularity, the High Court may intervene.
Limitation on Revisional Powers
The proviso to Section 115 CPC restricts the revisional powers of the High Court.
The High Court cannot interfere with every interlocutory order passed during a suit. Revision is permissible only when the order, if decided in favor of the applicant, would have finally disposed of the suit or proceeding.
This restriction reduces unnecessary delays in civil litigation.
No Revision When Appeal Is Available
Sub-section (2) clearly states that revision cannot be filed when an appeal is available.
The party must use the appellate remedy instead of invoking the revisional jurisdiction of the High Court.
Revision Does Not Automatically Stay Proceedings
Filing a revision petition does not automatically stay the proceedings before the subordinate court.
The suit or proceeding continues unless the High Court specifically grants a stay order.
Importance of Section 115 CPC
Section 115 CPC maintains judicial discipline and ensures that subordinate courts act within their lawful jurisdiction. The provision also prevents misuse of judicial powers while avoiding unnecessary interference in ongoing proceedings.
As a result, the revisional jurisdiction of the High Court serves as an important supervisory remedy within the civil justice system.
Illustration
Illustration 1
A subordinate court decides a matter that legally falls outside its jurisdiction.
The aggrieved party cannot file an appeal.
The High Court may revise the order under Section 115 CPC.
Illustration 2
A trial court refuses to decide an issue that the law requires it to determine.
The affected party may approach the High Court through a revision petition.
Illustration 3
A court passes an interlocutory order during a suit.
The order does not finally dispose of the proceedings.
In such a situation, the High Court may refuse to exercise revisional jurisdiction.
Common Questions and Answers
1. What is the purpose of Section 115 CPC?
Answer:
Section 115 CPC gives the High Court the power to correct jurisdictional errors committed by subordinate courts when no appeal is available.
2. Is revision the same as an appeal?
Answer:
No. An appeal involves reconsideration of facts and law, whereas revision mainly deals with jurisdictional errors and material irregularities.
3. Can revision be filed if an appeal is available?
Answer:
No. Revision is not maintainable when the law provides a right of appeal.
4. Does filing a revision automatically stay the suit?
Answer:
No. The suit continues unless the High Court specifically grants a stay order.
Conclusion
Section 115 CPC provides the High Court with supervisory jurisdiction over subordinate courts. It allows the correction of jurisdictional errors, illegal exercise of powers, and material irregularities when no appeal is available. At the same time, the provision limits unnecessary interference in pending proceedings and promotes efficient administration of civil justice.
