What is the Time Limit for Filing a Civil Revision Petition in High Court?

One of the most crucial aspects of filing any legal proceeding in a court of law is adhering to the limitation period. The same principle applies when a party wishes to approach the High Court with a civil revision petition. The direct answer to your question is: the time limit for filing a civil revision petition in the High Court is generally ninety (90) days from the date of the impugned order, as per Article 131 of the Limitation Act, 1963.

However, while the limitation framework appears simple on the surface, there are several legal nuances, procedural requirements, and judicial interpretations that affect how the time limit is applied in actual practice. Below is a comprehensive explanation.

1. Legal Basis for Time Limits in Civil Revision Petitions

Governing Statute for Revisions: Section 115 of the Code of Civil Procedure, 1908 (CPC) is the primary provision conferring revisional powers on the High Courts in civil matters.
Governing Statute for Limitation: The Limitation Act, 1963 governs the time limits for filing various legal proceedings in India, including civil revisions.
Relevant Article: Article 131 of the Schedule to the Limitation Act prescribes the period of limitation for revision applications under the CPC.

2. Article 131 of the Limitation Act, 1963

Text of Article 131:

Description of Application	Period of Limitation	Time From Which Period Begins to Run
To any court for the exercise of its powers of revision under the Code of Civil Procedure, 1908 or the Code of Criminal Procedure, 1898	90 days	The date of the decree or order or sentence sought to be revised

Key Takeaway: A civil revision petition under Section 115 CPC must be filed within 90 days from the date of the decree or order sought to be revised.

3. When Does the Limitation Period Start?

The limitation period starts from the date of the decree or order sought to be revised. This means:

The clock begins ticking from the date the subordinate court pronounces the order or passes the decree.
If the party applies for a certified copy of the order, the time spent in obtaining the certified copy can be excluded under Section 12(2) of the Limitation Act.

Example:

Order passed: 1 March 2025.
Certified copy applied for: 2 March 2025.
Copy received: 10 March 2025.
Limitation will be computed excluding the time taken for obtaining the certified copy.

4. Delay and Condonation under Section 5 of the Limitation Act

Even if the revision petition is filed after the expiry of 90 days, the High Court may entertain it if sufficient cause for the delay is shown under Section 5 of the Limitation Act, 1963.

Sufficient Cause: Illness, bona fide mistake, unavoidable circumstances, or other reasonable grounds.
Affidavit Required: The petitioner must file an application for condonation of delay supported by an affidavit explaining the reasons for the delay.
Court’s Discretion: Condonation is not automatic; it depends on the satisfaction of the High Court about the genuineness of the reasons given.

5. Practical Steps to Ensure Timely Filing

Immediate Action: Apply for the certified copy of the order as soon as it is pronounced.
Calculation of Limitation: Count 90 days excluding the time taken for obtaining the copy.
Preparation of Petition: Engage a lawyer to draft the petition well within the time.
Application for Condonation of Delay (if required): Prepare and file it along with the revision petition if the period has lapsed.

6. Judicial Interpretation on Limitation for Civil Revision Petitions

Indian courts have consistently interpreted Article 131 and Section 5 of the Limitation Act in the following manner:

State of Maharashtra v. Sharadchandra Vinayak Dongre (1995): The Supreme Court held that delay can be condoned if sufficient cause is shown and the litigant was bona fide pursuing remedies.
Collector, Land Acquisition v. Katiji (1987): The Supreme Court emphasized a liberal approach to condonation of delay where substantial justice is at stake.
P.K. Ramachandran v. State of Kerala (1997): The Court stressed that although a liberal approach is warranted, sufficient cause must still be shown.

7. State Amendments or High Court Rules

While Article 131 of the Limitation Act applies nationally, some High Courts have their own rules regarding filing of civil revisions, including procedural requirements and fees. However, the limitation period generally remains 90 days across all High Courts unless a special statute prescribes otherwise.

8. Exceptions or Special Situations

There are certain circumstances where the limitation period may vary or be computed differently:

Special Statutes: If the revision is under a special enactment (like Rent Control Acts or Tenancy Acts) with its own limitation period, that period will prevail.
Multiple Orders: If multiple orders are passed in the same proceeding, limitation runs separately for each order.
Knowledge of Order: Normally limitation runs from the date of the order, not from the date of knowledge. However, courts may consider the date of knowledge in exceptional circumstances.

9. Distinction Between Civil Revision and Appeal Regarding Limitation

Aspect	Civil Appeal	Civil Revision
Provision	Section 96 CPC / Order 43 CPC	Section 115 CPC
Limitation Period	Generally 30 days (for appeals)	90 days (for revisions under Article 131)
Nature	Statutory right	Discretionary remedy
Condonation	Section 5 Limitation Act applies	Section 5 Limitation Act applies

10. Importance of Limitation Period

Adhering to the limitation period is crucial because:

A revision petition filed beyond limitation without condonation may be dismissed outright.
Delay weakens the urgency and credibility of the petition.
High Courts exercise discretionary powers in revision, so diligence is expected from the petitioner.

11. Practical Illustration

Suppose a subordinate civil court dismisses an application for temporary injunction on 1 July 2025. The aggrieved party applies for a certified copy on 3 July 2025 and receives it on 10 July 2025. The 90-day limitation period will start from 1 July 2025 but exclude 3 July to 10 July. The petitioner must file the civil revision petition in the High Court before the expiry of the 90-day period after accounting for the excluded days.

12. Tips for Lawyers and Litigants

Maintain a limitation diary for each case to track deadlines.
Always add buffer time for drafting and filing.
Where delay is inevitable, collect documentary evidence (medical papers, travel records, etc.) to support the condonation application.
Explain the delay with full particulars — vague statements like “I was unwell” may not suffice.

13. Conclusion

In conclusion, the time limit for filing a civil revision petition in the High Court is generally 90 days from the date of the decree or order sought to be revised under Article 131 of the Limitation Act, 1963, excluding the time taken to obtain a certified copy of the order. This period may be extended by the High Court if sufficient cause for delay is demonstrated under Section 5 of the Limitation Act.

Understanding the limitation period and following the correct procedural steps is essential because civil revision petitions are discretionary remedies. The High Court expects litigants to act promptly and diligently when seeking relief under Section 115 CPC. Therefore, compliance with the 90-day rule and careful preparation of condonation applications (where necessary) is key to ensuring that the civil revision petition is entertained on its merits.

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.

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

Contact: 88271 22304