Drafting, Pleading and Conveyancing

Project on

Revisional Application under Section 115 of C.P.C.

PROJECT SUBMITTED TO:

MR. SANDEEP K. SUMAN

(FACULTY OF DPC)

PROJECT SUBMITTED BY:

SAURABH DAS MANIKPURI

SEMESTER VIII, SECTION A

ROLL NO. 143

SUBMITTED ON: 06.03.2018

HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR, CHHATTISGARH
 DECLARATION

I hereby declare that the project work entitled “Revisional Application under Section 115
of C.P.C.” submitted to HNLU, Raipur, is an original work, which has been done by me
under the able guidance of Mr. Sandeep K. Suman, Faculty Drafting, Pleading and
Conveyancing, HNLU, Raipur.

SAURABH DAS MANIKPURI

ROLL NO. - 143

SEM – 8, Section - A

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 Acknowledgements

First and foremost I would like to thank our course teacher Mr. Sandeep K. Suman, Faculty,
Drafing, Pleading and Conveyancing, HNLU, for allotting me this topic to work on and
whose help and assistance enabled me to move ahead with this topic.

I would like to thank my friends, who gave me their precious time for guidance and helped
me a lot in completing my project by giving their helpful suggestion and assistance. I would
like to thanks my seniors for their valuable support. Last, but not the least I thank the
University Administration for equipping the University with such good library and I.T.
facilities, without which, no doubt this work would not have taken this shape in correct time .

Saurabh Das Manikpuri

Semester VIII, (A)

Roll No. - 143

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 TABLE OF CONTENTS

 Declaration…………………………………………………………….i
 Acknowledgments……………………………………………………..ii
 Introduction…………………………………………………………….5
 Objective……………………………………………………………… 7
 Mode of Citation……………………………………………………….7
 Research Methodology………………………………………………... 7
 Section 115 of CPC……………………………………………………8
 Facts of the Cases……………………………………………………...9
 Draft of Revisional application………………………………………….10
 Conclusion…………………………………………………………..… ..12
 Bibliography……………………………………………….…………… 12

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 Introduction
In India, we have a three tier judiciary. The District Courts, High Courts and the Hon’ble
Supreme Court of India. The District Courts are generally referred to as the Lower Courts and/ or
Trial Courts too. However, in some States the High Courts also try Cases, commanding Original
Jurisdiction. The High Courts are also called the Courts of record. The Hon’ble Supreme Court
of India is the Apex Court of the Country. The Appeal, Review & Revision lie in all three
Courts, i.e. the District Courts, the High Courts and the Hon’ble Supreme Court of India,
depending on which Court’s Order is being challenged. The facts and circumstances of a
particular Case and the question of law involved are relevant for taking a call on whether or not
to challenge a order under either of the following jurisdictions- Appeal, Review & Revision. We
have numerous Legislations governing the law of Appeal, Review, and Revision.

REVISION: the provision of revision is laid down in section 115 of code of civil procedure.

As to give this term a general meaning, it means to look again, to revise and to go thoroughly. It
means re-examination of cases which involve the legal assumptions, non-exercise or irregular
exercise of jurisdiction.

Grounds:

1. The case must be the one in which no appeal lies.

2. The ground of revision can only be jurisdictional.

3. The case must be decided by subordinate court.

4. There must be some jurisdictional errors.

Revisional is not a matter of substantive right, it is merely a privilege given to a party.

The jurisdictional errors involve:

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 1. Exercising a jurisdiction not vested in it,

2. Failed to exercise a jurisdiction vested in it

3. Acted in exercise of its jurisdiction illegally or with material irregularity.

Thus, the provisions of appeal, review, revision and reference are the provisions established for
the sake of principle of justice, that no decision should go inaccurate or incorrect.

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 Objective

1. To study what is revision.

2. To draft revisional application under section 115 of cpc.

Mode of Citation
This project follows a uniform Bluebook 19th Ed. Citation format for footnotes and bibliography.

Research Methodology
The mode of writing this research paper is doctrinal in nature. Secondary and Electronic
resources have been largely used to gather information and data about the topic. Books and other
reference as guided by Faculty of Drafting, Pleading and Conveyancing have been primarily
helpful in giving this project a firm structure. Websites, dictionaries and articles have also been
referred. Footnotes have been provided wherever needed, to acknowledge the source.

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 Provision for Revision in CPC

Section 115. Revision.- (1) The High Court may call for the record of any case
which has been decide 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 suitor other proceeding before the Court except
where such suit or other proceeding is stayed by the High Court.

Facts of the cases

1. That the petitioner has filed a suit against the respondents for the recovery of possession of a
house situated in kanker .The suit is decided in the District court Kanker.

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2. That on being summoned the respondent appeared before the court below and filed his written
statement wherein he denied the petitioner's title set up in the suit property. .
3. That the district court framed issues and directed the petitioner (plaintiff) to produce evidence,
upon which the petitioner promptly furnished to the court below a list of witnesses and also
deposited their diet expenses etc., making a request that the witness be summoned by that
Court.
4. That on a previous date of hearing that is 21-04-2016, two witness of the petitioner had
appeared and their statements were recorded. However, the learned Presiding Officer of the
court below passed an order that the remaining witnesses be produced by the petitioner-plaintiff
on his own without seeking the assistance of the court. This order was passed despite a request
by the petitioner that at least those witness named in the list who are State employees should be
summoned by the court, as they are required to produce and prove some official records.
5. That on the next date of hearing the learned District court by the order impugned in this
revision closed the evidence of the petitioner-plaintiff on the ground that the remaining
witnesses were not produced by him.
6. That the impugned order has caused great prejudice to the petitioner and if the same is allowed
to stand the petitioner's suit is bound to fail.
7. That the district court has unjustifiably denied assistance of the court to the petitioner-plaintiff
to secure the attendance of his witnesses. The interests of justice demand that he is provided
with all legal assistance in this regard.
8. Finally court has given decision in the against of petitioner without taking proper evidence and
recording of witness statement necessary for deciding the suit.

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 Draft of the Revisional Application

IN THE BILASPUR HIGH COURT, BILASPUR BENCH, BILASPUR

Civil Re. No__351/2017

Raghubar Das S/o Manratan Das R/o Amapara, Kanker, dist- Kanker

Revisional Petitioner

Versus

1. Aman Rao s/o Chandrashekhar Rao R/o Ram Nagar, Kanker, Dist- Kanker
2. Learned District Judge, Kanker

…..Respondents

CIVIL REVISION PETITION U/S 115 OF CPC

Respectfully Showeth:

1. The Revision Petitioner humbly present the revision application against the order of the
Learned District Judge, Kanker Dated 02-10-2016 passed in the Appeal No. 212/2016
between Raghubar Das S/o Manratan Das vs Aman Rao s/o Chandrashekhar Rao
On the following grounds.
2. Grounds of Revision are:
a) Because the learned District Court has acted with material irregularity in deciding the
question of jurisdiction as a preliminary issue, before framing proper issue and taking
evidence thereon.

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 b) Because the learned District Court has exercised his jurisdiction wrongfully by not
summoning witnesses who are public servants for recording their statement.
c) Because the petitioner in the instant case a direct and substantial interest in the matter
and the learned district court has commited material irregularity in the disposal of the
case, which has caused irreparable loss to the applicant.
3. Prayer
It is therefore most respectfully prayed that Hon’ble court to admit the revision
application and set aside the order of the subordinate court may be orderd that the suit be
decide properly after taking proper evidence and recording of the witness statement of
public servant.

Date- 17-01-2017
Place- Bilaspur
Signature of the Revision applicant
Advocate Ramdheer Sahu
Counsel of the applicant

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 Conclusion
The powers granted to the victims of crime, that of revision and appeal, are extremely relevant
and important so that fair justice may be meted out by the courts. It has been established that
every individual, under article 21 of the Constitution of India has a right to life and personal
liberty. Thus, this requires fair trial, and since it can be so that a certain verdict or judge may be
fallible, that the verdict may be wrong , or inadequate or even unjust, then in such a situation, to
ensure that fair trials may be held and justice may be meted out to the victims of crime,
provisions for revision and appeal have been provided for in the Code of Civil Procedure.

Civil revision petition u/s 115 of cpc only lies in higher forum. There are two ways to file a civil
revision petition e.g. to file a petition or sou-moot. There are only three grounds mentioned in
section 115 of cpc and these are:

1. when lower court adjudicate on matter on which it has no authority

2. Jurisdiction was there but it was not exercised

3. Jurisdiction was illegally or irregularly applied

limitation of revision is 90 days for filing civil revision petition.

Bibliography

1. Drafting, Pleading and Conveyancing , Dr. S. R. Myneni, new edition 2015

2. The Code of Civil Procedure , 1908

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