Under Which Law Are Civil Revision Petitions Filed in High Court?

Under Which Law Are Civil Revision Petitions Filed in High Court – A Detailed Guide

Civil litigation in India follows a structured and codified process under the Code of Civil Procedure, 1908 (CPC). After a decree or order is passed by a lower civil court, an aggrieved party may have different remedies available, such as filing an appeal, review, or revision. While an appeal challenges the correctness of a decision on facts and law, a civil revision petition primarily deals with the jurisdictional errors or material irregularities committed by the lower courts.

The direct answer to the question — Civil revision petitions in the High Court are primarily filed under Section 115 of the Code of Civil Procedure, 1908 (CPC).

Below is a detailed analysis of the law governing civil revision petitions in India.

1. Understanding Civil Revision Petition

A civil revision petition is a legal remedy provided to an aggrieved party to approach the High Court against an order or decree of a subordinate civil court where no appeal lies but where there has been a jurisdictional error or material irregularity. It is a supervisory jurisdiction exercised by the High Court to ensure that subordinate courts act within the scope of their authority and do not commit grave procedural errors.

Key features of a civil revision petition:

It is not an appeal; it is a supervisory remedy.
It addresses jurisdictional issues or material irregularities.
It is maintainable only when no appeal lies against the impugned order.

2. Statutory Basis of Civil Revision Petitions in High Court

The principal legal provision is Section 115 of the Code of Civil Procedure, 1908 (CPC). This section empowers the High Court to exercise its revisional jurisdiction over subordinate courts. Let us examine Section 115 CPC in detail.

Section 115 CPC – Revision

It provides that:

The High Court may call for the record of any case decided by a subordinate court in which no appeal lies to it.
If such subordinate court appears:
- to have exercised jurisdiction not vested in it by law, or
- to have failed to exercise jurisdiction vested in it, or
- to have acted in the exercise of its jurisdiction illegally or with material irregularity,
  the High Court may make such order as it thinks fit.

Conditions Under Section 115 CPC

For a civil revision petition to be maintainable:

The case must be decided by a subordinate court.
No appeal must lie to the High Court.
The subordinate court must have:
- exercised jurisdiction not vested in it by law, or
- failed to exercise jurisdiction vested in it, or
- acted illegally or with material irregularity.

Proviso to Section 115 CPC (after 2002 Amendment)

The 2002 Amendment significantly curtailed the revisional powers of High Courts. It now restricts the High Court from interfering unless the order:

would have finally disposed of the suit or other proceeding if it had been made in favour of the applicant; or
would occasion a failure of justice or cause irreparable injury to the party against whom it was made.

Thus, post-amendment, civil revision jurisdiction is more limited and mainly supervisory.

3. Purpose and Object of Section 115 CPC

The purpose of Section 115 CPC is:

To prevent subordinate courts from acting beyond their jurisdiction.
To ensure procedural propriety in civil cases.
To act as a safety valve where no appeal lies.
To prevent miscarriage of justice due to jurisdictional or procedural errors.

The provision does not allow the High Court to act as an appellate court or reappreciate evidence; it is confined to correcting jurisdictional defects.

4. Difference Between Appeal and Revision

Feature	Appeal	Revision
Scope	Facts and law both	Only jurisdiction and material irregularity
As of right?	Yes, if statute permits	No, discretionary
Provision	Sections 96, 100 CPC, etc.	Section 115 CPC
Reappraisal of evidence?	Yes	No
Objective	Correctness of judgment	Supervisory correction of jurisdictional error

This distinction is crucial because many litigants mistakenly approach the High Court with a revision petition when an appeal lies, or vice versa.

5. Procedural Aspects of Filing a Civil Revision Petition in High Court

While Section 115 CPC lays down the substantive law, the procedural rules for filing a civil revision petition are provided under the High Court Rules and Orders of each state. Common procedural requirements include:

Title of the petition: “Civil Revision Petition under Section 115 CPC.”
Parties: Petitioner versus Respondent.
Certified copy of the impugned order/decree.
Grounds of revision clearly stating the jurisdictional error or material irregularity.
Prayer seeking setting aside or modifying the order.
Affidavit in support of the petition.

Each High Court prescribes its own court fee, forms, and procedural details.

6. Scope of High Court’s Power in Civil Revision

The High Court’s revisional power is supervisory in nature. It does not substitute its own decision on facts but ensures:

The lower court acted within its jurisdiction.
No procedural or legal irregularity vitiated the proceedings.
No grave injustice occurred due to the impugned order.

The High Court can:

Set aside the impugned order.
Modify the order.
Direct the subordinate court to reconsider the matter as per law.
Impose costs.

However, the High Court cannot:

Reassess evidence as in an appeal.
Interfere in interlocutory orders unless they result in a final disposal of the case.

7. Landmark Case Laws on Civil Revision Under Section 115 CPC

Major S.S. Khanna v. Brig. F.J. Dillon (AIR 1964 SC 497)
The Supreme Court clarified that revisional jurisdiction is narrower than appellate jurisdiction. High Courts can interfere only in cases of jurisdictional error.
Shiv Shakti Coop. Housing Society v. Swaraj Developers (2003) 6 SCC 659
The Supreme Court upheld the constitutional validity of the 2002 amendment restricting Section 115 CPC.
Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675
The Court discussed the distinction between Article 227 of the Constitution and Section 115 CPC, noting that the former remains available even when Section 115 is curtailed.
Rajendra Kumar v. Kalyan (2000) 10 SCC 524
The Court emphasized that mere errors of law or fact cannot be grounds for revision; only jurisdictional errors justify revisional interference.

8. Civil Revision Under Article 227 vs. Section 115 CPC

Even after the 2002 amendment, litigants often approach the High Court under Article 227 of the Constitution of India when Section 115 CPC does not apply. Article 227 gives the High Court a broader power of superintendence over subordinate courts. However, courts have cautioned against using Article 227 as a substitute for an appeal.

Thus, while Section 115 CPC governs statutory civil revision petitions, Article 227 remains an extraordinary constitutional remedy.

9. Practical Scenarios Where Civil Revision Petition May Be Filed

Challenging the rejection or acceptance of a plaint where no appeal lies.
Challenging an order returning a plaint for presentation to another court.
Challenging orders under Order VI Rule 17 CPC regarding amendment of pleadings.
Challenging orders deciding jurisdictional objections.
Challenging orders refusing to summon witnesses or documents when no appeal lies.

10. Limitations and Restrictions on Civil Revision Petitions

Limitation period: Generally 90 days (state rules may vary).
Not maintainable if appeal lies: Revision cannot be filed if the order is appealable.
No reappreciation of evidence: The High Court will not go into factual disputes.
Costs and consequences: Frivolous revision petitions may attract costs.

11. Civil Revision Petition and High Court Rules

Each High Court in India has framed rules for revision petitions under Section 115 CPC. For example:

The Madhya Pradesh High Court Rules provide for filing of civil revision petitions in a prescribed format with court fees.
The Bombay High Court Rules similarly lay down procedures.

Therefore, litigants must consult the relevant High Court rules to comply with procedural requirements.

12. Relation with Appeals and Reviews

Appeal: Broader remedy challenging the merits of the decision.
Review: Application to the same court which delivered the judgment.
Revision: Supervisory jurisdiction of the High Court under Section 115 CPC.

If an appeal lies, revision is not maintainable. If no appeal lies, revision can be filed provided jurisdictional error is shown.

13. Why Section 115 CPC Remains Important Despite Restrictions

Despite the restrictions introduced by the 2002 amendment, Section 115 CPC remains an important tool:

It prevents miscarriage of justice.
It curbs jurisdictional overreach by subordinate courts.
It ensures legal and procedural discipline.
It provides a quick and effective remedy without the need for a full appeal.

14. Frequently Asked Questions (FAQs) on Civil Revision Petitions

Q1: Under which law are civil revision petitions filed in High Court?
Civil revision petitions are filed under Section 115 of the Code of Civil Procedure, 1908 (CPC).

Q2: Can a civil revision petition be filed against every order of the trial court?
No. It is maintainable only when no appeal lies and when the lower court has committed jurisdictional errors or material irregularity.

Q3: What is the time limit for filing a civil revision petition?
Generally, 90 days from the date of the order, but it varies according to state High Court rules.

Q4: Can the High Court re-examine facts in a civil revision?
No. The High Court’s power is confined to jurisdictional or procedural issues.

Q5: Can the High Court interfere in interlocutory orders under revision?
Yes, but only if such orders would have finally disposed of the suit or proceeding if passed in favour of the applicant, or if failure of justice would occur.

Q6: What is the difference between a civil revision under Section 115 CPC and a petition under Article 227 of the Constitution?
Section 115 CPC is a statutory remedy with limited scope. Article 227 is a constitutional remedy with broader supervisory powers.

15. Conclusion

The answer to the question “Under which law are civil revision petitions filed in High Court?” is clear — they are filed under Section 115 of the Code of Civil Procedure, 1908 (CPC). This provision enables the High Court to exercise supervisory jurisdiction over subordinate courts in cases where no appeal lies, but where there has been a jurisdictional error or material irregularity.

While the scope of Section 115 CPC has been curtailed by amendments, it remains a crucial safeguard against judicial overreach by subordinate courts. Civil revision petitions serve as a vital check and balance mechanism to uphold procedural propriety and ensure justice. Therefore, litigants must carefully evaluate the maintainability of their revision petitions, adhere to procedural rules prescribed by their respective High Courts, and clearly demonstrate jurisdictional errors to succeed in their applications.

Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

Under Which Law Are Civil Revision Petitions Filed in High Court?