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REVISION

Seminar By: Ravindra Mani Misra Roll


no. 347
Introduction: A Brief History
 Code of 1859 did not contain provision for revision by
High Court

 Charter Act of 1861 empowered High Court to


supervise subordinate courts by Section 15 of the act.

 Sec.35 of Act XXIII of 1861 empowered Sadar Courts to


call for the records of any case decided by subordinate
courts and in which no further appeal lay, when the
subordinate court appeared to have decided a
jurisdiction not vested in it.

 Corresponded to Section 622 of Code of Civil Procedure


before The Amendment Act of 1976.
Contd.
 Recommendations made by the Law Commission in
its 14th and 27th report found place in the 1976
amendment.

 163rd report for the judicial reform in the civil justice


system recommended for certain amendments.

 Finally the 1999 Amendment Act brought significant


changes.

 Section 115 of the Code of Civil Procedure, 1908


contains the provision for revision.
Meaning of revision

 Section 115 of the Code of Civil Procedure:


“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.”

 Known as the revisional jurisdiction of the High Court


Nature and scope
Section 115 authorizes the High Court to satisfy itself on three
matters:

Major SS Khanna v. Brig. FJ Dhillon AIR1964 SC 497


PRE CONDITION FOR REVISION
A. Case must have been decided
 “Case Decided” not defined in 1908 code, gave rise to conflicts.

 Resolved by Supreme Court in Major S.S.Khanna v. Brig. F.J.


Dhillon AIR 1964 SC 497

 JPC recommended for an explanation.

 Each decision which terminates a part of controversy involving


the question of jurisdiction.
B. Case to be decided by the Subordinate Court.
 Court of civil judicature, not person acting in an administrative
capacity.

 A Court is said to be subordinate to High Court when it is subject


to its appellate jurisdiction
Contd.
C. Revisional Jurisdiction arises when no Appeal lies
 If appeal lies directly or indirectly then revision is not
invoked.

D. Jurisdictional Error
 Where there is no question of jurisdiction, the decision can
not be corrected, whether wrong or right.

 Exercise of Jurisdiction not vested by law

 Failure to exercise jurisdiction

 Exercise of Jurisdiction illegally or with material irregularity


Review and Revision
Conclusion
 Section 115 has been amended to the disadvantage of litigants.

 Large number of revision petitions are without substance and meant for delay in the
conclusion of litigation.

 Causes great inconvenience to rural litigators.

 Has come into conflict with Article 226 of the Indian Constitution.

 The Amendment Act of 1999 was brought due to political pressure not considering the legal
opinion.

 Amendments by many states giving power of revision to District Courts shows that it needs a
review.

 Power is discretionary

 Period of limitation is Ninety days (Section 131 of the Limitation Act,1963)

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