Discuss the grounds under which revision can be filed before the High Court. State the limits of revision in the light of C.P.C. Give the difference between Revision and Appeal

Question: Discuss the grounds under which revision can be filed before the High Court. State the limits of revision in the light of C.P.C. Give the difference between Revision and Appeal

Find the answer to the mains question only on Legal Bites. [Discuss the grounds under which revision can be filed before the High Court. State the limits of revision in the light of C.P.C. Give the difference between Revision and Appeal]

Answer

Re-examination rather than re-looking of judgment/order is called revision in the ordinary sense. The Code of Civil Procedure, 1908 does not define the term “revision”.

WHEN REVISION WOULD LIE-POWER OF HIGH COURT

Under Section 115, the High Court may call for the record of any case which has be decided by any Court subordinate to such High Court and where no appeal lies thereto and if such subordinate Court appears :

1. to have exercised a jurisdiction not vested in it by law; or
2. to have failed to exercise a jurisdiction so vested; or
3. 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/decree unless the suit or other proceedings has been finally disposed off.

In Mundri Lal v. Sushila Rani, the Supreme Court observed that there cannot be any doubt whatsoever that the revisional jurisdiction of the High Court under Section 25 of the Provincial Small Causes Courts Act, 1887 is wider than that under Section 115, C.P.C. But the fact that a revision is provided by the statute and not an appeal itself is suggestive of the fact that ordinarily revisional jurisdiction can be exercised only arises.

In Vidyodaya Trust v. Mohan Prasad R, (2006) 7 SCC 452, the District Judge had passed an order on the preliminary issue that the suit under Section 92 filed by the respondents was maintainable. Against the said order, the appellant filed revision before the High Court. It was held that the revision was maintainable since if the suit is held to be not maintainable that would have the result of final disposal of the suit.

Maintainability of Revision – In Hans Raj Bhagat v. State and others, AIR 2013 J & K 15, it was held that since order of interim compensation in terms of Section 40 of the Motor Vehicles Act, 1988 is appealable and appeal lies to the High Court, hence, in view of the clear par of as envisaged by Section 115(2) of the C.P.C., 1908 revision is not maintainable.

When order can be interfered? Under Section 115 of the Code, the High Court can interfere only if subordinate Court appears to have acted in the exercise of its revisional jurisdiction illegally or with material irregularity. Obviously, the exercise of revisional powers of the High Court is entirely discretionary and an applicant invoking the revisional jurisdiction of the Court must show not only that there is a jurisdictional error but also that the interest of justice calls for any interference.

WHERE JURISDICTIONAL ERROR IS FOUND

Where under revisional jurisdiction the High Court examines the order which contains a finding of Land Tribunal constituted under Kerala Land Reforms Act, it is open to the High Court to consider the jurisdictional error committed by the Tribunal, if any, in arriving at its finding and where any such error of jurisdiction is found, the jurisdiction under section 115 of the code has necessarily to be exercised.

DIFFERENCE BETWEEN REVIEW AND APPEAL:

(a) An appeal lies to the superior court, while a review lies to the same court.

(b) Review of a judgment involves reconsideration of the same subject-matter by the same judge, while an appeal is heard by a different judge.

(c) The grounds of appeal are wider than the grounds of review.

(d) A second appeal lies on a substantial question of law. A second review application, however, does not lie.

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