Civil procedure code

1. REVISION
TANIYA VERMA

2. INDEX
• INTRODUCTION AND MEANING
• OBJECT
• WHO MAY FILE
• CONDITIONS OF REVISION
• SUO MOTO
• DISTINCTION BETWEEN REVISION AND APPEAL
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3. MEANING AND INTRODUCTION
• Revision means to go through something carefully, thoroughly and diligently.
• Cases can be revised by the High Court as it possesses revisional jurisdiction as defined under Section 115 of the Code
of Civil Procedure.
• The High Court has the right to revise cases decided by subordinate courts to ensure delivery of justice and
maintenance of fairness.
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4. OBJECT
• The High Court can revise any case by a subordinate court in which no appeal lies when:
• The subordinate court has exercised jurisdiction not vested in it by law.
• The subordinate court exercises its jurisdiction illegally or with material irregularity or in breach of some provision of
the law or by committing some errors of procedure in the course of the trial which may have affected the ultimate
decision.
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5. WHO MAY FILE?
• The application for revision can be filed by any aggrieved party once the case is decided, provided that there is no appeal against the case presently.
• The High Court may then decide to revise the case if the proper cause is discovered such as extra-judicial activity or illegal and erroneous procedure
practiced by the subordinate court. The High Court may also exercise revisional jurisdiction suo moto under the Code of Civil Procedure.
• In the case of S.Muthu Narayanan V. Paulraj Naicker, 2018, the revision petition is dismissed and the order passed previously is confirmed as the revision
petitioner has no right to challenge the capability of being executed of the decree.
The court declare the judgment and decree in the suit as null and void and prayed to dismiss the execution petition on the ground that the trial Court has
granted the decree without framing the issues regarding the readiness and willingness. It was further stated that the Counsel for the first defendant reported no
instructions and that the trial Court without ordering notice to the first defendant, passed an order after setting the first defendant ex parte. It is also contended
that the trial Court, before granting a decree for specific performance, has not given any reason for holding that the plaintiff has proved his case. The revision
petitioners also contended that the suit property has not been properly described with reference to boundaries and that the execution petition filed, as such, is
not executable.
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6. CONDITIONS OF REVISION
• PRECEDENT- The case must have already been decided and judgement declared by the subordinate court. A case cannot be
revised if it has not been decided in the first place and no judgement is given.
In the case of Baldevdas Shivlal V. Filmistan Distributors (India) (P) Ltd., 1969, the Supreme Court held that a case may be said to
have been decided if the court adjudicates for the purpose of the suit some right or obligation of the parties in controversy. Every
order in the suit cannot be recorded as a case decided.
• NO APPEAL LIES- There must not be any appeal lying against the case decided by the subordinate court. The High Court
cannot revise a case if there is a pre-existing appeal against the case as the revision interferes with the appeal and vice-versa.
The revision can only be filed once the appeal is dismissed. The word “appeal” includes both the first appeal and second appeal.
Therefore, the revision can only lie when the appeal is dismissed or does not lie.
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7. • SUBORDINATE COURTS- The High Court cannot exercise revisional jurisdiction unless a case is decided by a court which
is subordinate to the High Court. Only a court of civil judicature is considered and this does not include any person
acting in an administrative capacity.
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8. SUO MOTO
• The term ‘suo moto’ means on its own motion or self-decision. The judiciary has the power to revise cases suo moto. This means that the small
court has the authority to make its own decision to exercise the power of revision and takes the decision to revise any case on its own accord, i.e.
without any application filed by any aggrieved party.
• The sole decision as to the exercise of the power of revision rests with the court and the aggrieved party is not entitled to receive it. The judiciary
takes up a matter on its own on grounds of blatant violation of the law, to maintain public order, to prevent the gross constitutional violation, to
remedy grave injustice.
• In the case of Chimanbhai G. Patel V. D.Y. Collector, 1999, it was stated by the Court that a Deputy Collector or Assistant Collector cannot exercise the
powers of revision suo moto. Therefore, the order was set aside as there was no jurisdiction in the exercise of revisional powers.
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9. DISTINCTION BETWEEN REVISION AND APPEAL
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• An application for revision can only be made in the High Court whereas An appeal can be made in any court superior
to the one that passed the order or decree.
• The revisional power is under the discretion of the High Court and cannot be claimed as a right by any aggrieved
party. In appeal The right to appeal has been provided as a substantive right by the statue.
• Any case can be revised on the grounds of jurisdictional error by the subordinate court and An appeal can be made
against a judgement on the question of fact, or law, or both.

10. Conclusion
• The power of revision of the High Court is exceptional and should be exercised when necessary in cases where there
is a defect in the proceedings due to jurisdictional error in the subordinate courts which may result in a miscarriage
of justice and beats the purpose of the rule of law.
• The revisional powers are granted to the High Courts to ensure that there is a remedy to the aggrieved party in case
the system of justice falters due to jurisdictional errors. The High Court has been granted the power to revise a case
if it is observed that a subordinate court has not acted according to the power vested in it by law under its
jurisdiction.

11. Thank you
TANIYA VERMA
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