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Revision

ri-VI-zhun Latin 'revisio': a looking at again, review

Definition

A supervisory jurisdiction exercised by the High Court to correct errors of jurisdiction or illegality in orders of subordinate courts where no appeal lies.

Detailed Explanation

Revision is a discretionary power vested in the High Court under Section 115 of the Code of Civil Procedure, 1908, to satisfy itself about the legality and regularity of proceedings in subordinate courts. Unlike appeal, revision is not a matter of right and is exercised only in cases where the subordinate court has acted without jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity in the exercise of jurisdiction.

The scope of revisional jurisdiction is much narrower than appellate jurisdiction. The High Court in revision cannot re-appreciate evidence or substitute its own findings of fact for those of the subordinate court. Revision lies only against orders from which no appeal lies, and generally against interlocutory orders that affect the merits of the case or the rights of parties.

After the 2002 amendment to Section 115, revision to the High Court lies only from orders of courts subordinate to the District Court. Orders of the District Court are not revisable under Section 115 CPC. Some special statutes like the Rent Control Acts provide for separate revisional jurisdiction with different scope.

Essential Elements

  • 1 Case decided by a court subordinate to the High Court
  • 2 No appeal lies against the order
  • 3 The subordinate court acted without jurisdiction
  • 4 Or failed to exercise jurisdiction vested in it
  • 5 Or acted illegally or with material irregularity in exercise of jurisdiction
  • 6 Revision is discretionary, not a matter of right

Leading Cases

Surya Dev Rai v. Ram Chander Rai

2003

(2003) 6 SCC 675

Relevance: Distinguished between revision under Section 115 CPC and supervisory jurisdiction under Article 227

Pandurang Dhondi Chougule v. Maruti Hari Jadhav

1966

AIR 1966 SC 153

Relevance: Explained the scope and limitations of revisional jurisdiction

Hindustan Petroleum Corporation Ltd. v. Dilbahar Singh

2014

(2014) 9 SCC 78

Relevance: Clarified the scope of revision after 2002 amendment to Section 115

Usage Example

"The petitioner filed a revision petition before the High Court challenging the trial court's order rejecting the application for amendment of plaint, contending that the court had exercised its jurisdiction illegally."

Synonyms

revisional application civil revision petition revision petition

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