CPC Section 115 - Revision

—Subject to such conditions and limitations as may be prescribed, the High Court may call for the record of any case decided by any Court subordinate to it, where no appeal lies, 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:

[<1>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.

STATE AMENDMENTS

Madhya Pradesh: For Section 115 of the principal Act, the following Section is substituted:

“115. Revision- The High Court may call for the record of any case decided by any Court subordinate to it where no appeal lies, 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 vary or reverse any order, except in the following conditions:

• (a) the order, if made in favour of the party applying for revision, would have finally disposed of the suit or proceeding; or
• (b) the order, if allowed to stand, would cause a failure of justice or irreparable injury to the party against whom it was made.

Orissa: For section 115, substitute the following:

“115. Revision- The High Court, in cases arising out of original suits or other proceedings exceeding one lakh rupees, and the District Court, in any other case, may call for the record of any case decided by any Court subordinate to it where no appeal lies, 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 may make such order as it thinks fit;

Provided that only the High Court shall be competent to make an order for cases arising out of original suits decided by the District Court.

Uttar Pradesh: In its application to the State, for section 115, substitute the following:

“115. Revision- The High Court, in cases arising out of original suits or proceedings exceeding one lakh rupees or such higher amount not exceeding five lakh rupees, may call for the record of any case decided by any Court subordinate to it where no appeal lies, 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 may make such order in the case as it thinks fit, subject to the provided conditions.

West Bengal: After Section 115, the following Section 115A is inserted:

“115A. District Court’s powers of revision:

• (1) A District Court may exercise the powers of revision similar to the High Court under Section 115.
• (2) Provisions of Section 115 shall apply to such proceedings with appropriate modifications.
• (3) The decision of the District Court on such proceedings shall be final, and no further revision can be entertained by the High Court or any other Court.
• (4) If an application for revision has been made to the High Court or District Court, no further application by the same party shall be entertained by the other.
• (5) A Court of an Additional Judge shall have the same powers of revision as the District Court under this section.