Civil Revision

Civil Revision under Code of Civil Procedure 1908

"Sec 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 suitor 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.- In its application to the State of Madhya Pradesh for Section 115 of the principal act, the following section shall he substituted, namely:

"115 Revision – 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 tailed 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

(a) the order, if it had been made in favour of the party applying [or the revision, would have finally disposed of the suit or proceeding; or

(b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.

(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.

Exp1anation.- In this section, the expression ‘any case which has been decided’ includes my order made, or any order deciding an issue. in the course of a suit or other proceeding” (Vide M.P. Act 4 0f 1094. Ss. 2 and 3 (16.3.1994). Earlier S. 115 in M.P. Was substituted by M.P. Act 2’) of 1984, S. 4)."

ORISSA - In the Code of Civil Procedure. V of 1908, for Section 15, the following section shall he substituted, namely:-

“115. Revision.— The High Court, in cases arising out of original suits or other proceedings of the value exceeding one lakh rupees and the District Court, in any other case including a case arising out of in original suit or other proceedings instituted before the commencement of the Code of Civil Procedure (Orissa Amendment) Act, 1991, may call for the record of any case which has been decided by any court subordinate to such High Court or District Court. is the case may he, 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 tailed to exercise a jurisdiction so vested: or

(c) to base acted in the exercise of its jurisdiction illegally or with material irregularity: the High Court or the District Court, as the case may be, may make such order in the case as it thinks fit;

Provided that in respect of cases arising out of original suits or other proceedings of any valuation, decided by the District Court, the High Court alone shall he competent to make an order under this section:

Provided further that the High Court or the District Court shall not under this section. vary car reverse any order, including an order deciding an issue, made in the course of a suit or other proceeding. except where –

(i) the order, it so varied or reversed would finally dispose of the suit or other proceedings: or

(ii) the order, ii allowed to stand, would occasion a failure of Justice or cause irreparable injury to the party against whom it was made.

Explanation.—In this section, the expression ‘any case which has been decided’ includes any order deciding an issue in the course oft suit or other proceeding.”

In this regard S. 3 of the Amending Act provides –

“3. Saving.- The amendment made by this Act shall not affect the validity, invalidity. effect or consentience of anything already done or sulfured, or any jurisdiction already exercised ‘and any proceeding instituted or commenced in the I ugh Court under Section 115 of the Code of Civil Procedure. 1908 poor to the commencement of this Act shall, notwithstanding such amendment, Continue to be heard and decided by such Court.”

Orissa Act 26 of 1991. Ss. 2 and 3 (7-11-1991).

UTTAR PRADESH.- For Section 115 of the Code of Civil Procedure, 908 (5 0f 1908) is amended in its application to Uttar Pradesh, the following section shall be substituted, namely:

“115. Revision.—’The High Court, in cases arising out of original suits or other proceedings ‘of the value exceeding one lakh rupees or such higher amount not exceeding five lakh rupees as the High Court may from time to time fix, by notification published in the Official Gazette including such suits or other proceedings instituted before the date of commencement of the Uttar Pradesh Civil Laws (Amendment) Act. 1991, or as the case may he, the date cal commencement of such notification, and the District Court in any other case, including a case arising out of an original suit or other proceedings instituted before such date, may call or the record of any case which has been decided by any court subordinate to such High Court or District Court, as the case may be, 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 base 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, as the case may be, may make such order in the ease as it thinks lit:

Provided that in respect of cases arising out of original suits or other proceedings of any valuation, decided by the District Court, the High Court alone shall be competent to make an order tinder this section:

Provided further that the High Court or the District Court shall not under this section vary or reverse any order including an order deciding an issue, made in the course of a Suit or other proceeding, except where –

(i) the order, it so varied or reversed would finally dispose of the suit or other proceedings: or

(ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.

Provided also that where a proceeding of the nature in which the District Court may call for the record and pass orders under this section was pending immediately before the relevant date of commencement referred to above, in the High Court such court shall proceed to dispose of the same.

Explanation—In this section, the expression “any case which has been decided” includes any order deciding an issue in the corse of a suit or other proceeding.’

Transitory Provisions—Where a proceeding 0f the nature in which the District court may call for the record and pass orders under Section 115 of the said Code as substituted by this Act was pending immediately before August 1, 1978-

(a) in the District Court, such Court shall proceed to dispose of the same as if the provisions of the same as if the provisions of this Act were in force at all material times:

(b) in the High Court, such Court shall proceed to dispose of the same as if this Act had not come into force – [Vide UP. Act (31 of 1978), Sections 3 and 5 (w.e.f. 1.8.1978). * as amended by UP. Act 17 of 1991 S. 7 (w.e.f. 15-1-1991) 1991 LLT – IV-63. See also S. 9 (Repeal and Saving) of UP. Act 17 of 19911.

WEST BENGAL - In its application to the State of West Bengal alter Section 115 insert the following –

“115-A, District court’s powers of ’revision -(1) A District Court may exercise all or any of the powers which may he exercised by the High Court under Section 115.

(2) Where any proceeding by way of revision is commenced before a District Court in pursuance of the provisions of sub-section (1), the provisions of Section 115 shall, so tar as may be, apply to such proceeding and references in the said section to the High Court shall be construed as references to the District Court.

(3) Where any proceeding for revision is commenced before the District Court, the decision of the District Court on such proceeding shall he final and no further proceeding by way of revision shall he entertained by the High Court or any other Court.

(4) If any application for revision has been made by any party either to the High Court under Section 115 or to the District Court under this section, no further application by the same party shall he entertaitied by the other of them,

(5) A Court of an Additional Judge shall have and may exercise all the powers of a District Court under this section in respect of any proceeding which may be transferred to it by or under any general or special order of the District Court” (W.B. Act 15 of 1988 w.e.f. 1.2.1989)."

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