Can a Revision Petition Filed in High Court Delay the Execution of an Order?

1. Introduction

In the Indian legal system, the filing of a revision petition in the High Court is a common remedy when a party feels aggrieved by an order passed by a subordinate court. However, one of the most frequent and practical questions faced by litigants and lawyers is: “Does filing a revision petition automatically stop or delay the execution of the order passed by the lower court?”

The answer is significant because during the pendency of the revision petition, the party may suffer adverse consequences if the order under challenge is executed. For instance:

In a civil case, execution proceedings may be initiated to enforce a decree or interim order.
In a criminal case, a sentence or fine may be carried out.

Direct answer: Filing a revision petition in the High Court does not automatically delay or stay the execution of an order. A party must seek a specific stay order or interim relief from the High Court to suspend the operation or execution of the impugned order.

This article explains the statutory provisions, judicial principles, and practical aspects relating to how and when a revision petition can delay the execution of an order.

2. Understanding a Revision Petition

(A) Definition

A revision petition is a supervisory remedy provided under law, enabling the High Court to examine the correctness, legality, and propriety of an order passed by a subordinate court.

(B) Governing Laws

Civil Revision: Section 115 of the Code of Civil Procedure, 1908 (CPC).
Criminal Revision: Sections 397 to 401 of the Code of Criminal Procedure, 1973 (CrPC).

Revisional jurisdiction is narrower than appellate jurisdiction; it is designed to correct jurisdictional errors or gross illegalities.

3. Execution of Orders – Basic Concept

(A) Civil Context

Execution means enforcing a decree or order passed by a civil court. It is governed by Order XXI of the CPC. The successful party (decree-holder) can move the court to execute the order or decree against the losing party (judgment-debtor).

(B) Criminal Context

Execution in criminal matters generally refers to the enforcement of a sentence, payment of fine, or compliance with an order (such as maintenance under Section 125 CrPC).

Thus, once an order is passed, it remains enforceable unless stayed or suspended by a higher court.

4. Does Filing a Revision Automatically Stay Execution?

The short answer is No.

(A) Statutory Position

Section 115 CPC does not provide any automatic stay merely upon filing a revision.
Section 397 CrPC (read with Section 401) also does not confer any automatic stay in criminal matters.

(B) Judicial View

The courts have consistently held that the filing of a revision petition does not by itself prevent the execution of the order. Only a specific stay order or interim suspension granted by the revisional court can delay execution.

(C) Principle of Continuity of Orders

Until set aside, modified, or stayed by a superior court, an order passed by a subordinate court remains valid and executable.

5. How Can a Revision Petition Delay Execution?

Although no automatic stay arises, the High Court has ample powers to grant interim relief, including:

Staying the operation of the impugned order.
Staying execution proceedings pending in the lower court.
Suspending the sentence in criminal matters.

This is achieved through an application for interim relief or stay filed along with the revision petition.

6. Legal Provisions Enabling High Court to Grant Stay

(A) Civil Revision – Section 115 CPC

The High Court may, by exercising its revisional jurisdiction, grant a stay of the proceedings in the lower court.
This is usually done under its inherent powers (Section 151 CPC) read with the principles of Order XLI Rule 5 CPC (which deals with stay in appeals).

(B) Criminal Revision – Section 397 CrPC

The High Court or Sessions Court may suspend the execution of a sentence or order pending revision under Section 397(1) and Section 401(3).
Section 389 CrPC (suspension of sentence in appeal) principles are also sometimes invoked analogously.

(C) Inherent Powers – Section 482 CrPC

Where the revisional power is inadequate or Section 397(2) bars revision against interlocutory orders, the High Court can use Section 482 CrPC to prevent abuse of the process of court and to secure the ends of justice.

7. Step-by-Step Procedure to Obtain Stay of Execution in a Revision

File the Revision Petition: Draft clearly stating the facts, grounds of illegality or impropriety, and relief sought.
File an Interim Application: Alongside the main petition, submit a stay application requesting suspension of the impugned order or stay of execution.
Attach Documents: Certified copies of the order challenged, execution proceedings if already initiated, affidavits supporting the stay application.
Urgent Listing: Request urgent listing of the stay application to prevent irreparable harm.
High Court Order: If satisfied, the High Court will issue an interim stay/suspension order restraining the lower court from executing the order until further directions.

8. Factors Considered by High Courts Before Granting Stay

Prima Facie Case: Is there a strong likelihood of success in the revision?
Irreparable Harm: Will execution cause irreversible damage to the petitioner?
Balance of Convenience: Will staying execution cause greater harm to the opposite party?
Conduct of the Petitioner: Whether the petitioner has approached the court promptly and with clean hands.

9. Civil Examples Where Execution May Be Stayed

Decree of Eviction: High Court may stay execution to prevent dispossession during pendency of revision.
Order of Interim Maintenance (Civil): High Court may stay the payment obligation temporarily.
Order under Arbitration Act or Rent Control Laws: Execution may be stayed if jurisdictional error is shown.

10. Criminal Examples Where Execution May Be Stayed

Suspension of Sentence: If a person is convicted and files a revision, the High Court can suspend the sentence pending revision.
Stay on Payment of Fine or Compensation: High Court can defer the payment obligation temporarily.
Stay on Warrant or Summons: High Court can stay coercive steps pending revision.

11. Key Case Law

Madhu Limaye v. State of Maharashtra (1977) 4 SCC 551 – Filing of revision does not automatically stay proceedings; High Court must grant stay.
Amar Nath v. State of Haryana (1977) 4 SCC 137 – Clarified scope of Section 397(2) and interlocutory orders.
State of Maharashtra v. Mohd. Sajid Husain Mohd. S. Husain (2008) 1 SCC 213 – High Court may suspend sentence during pendency of revision.
Hukumchand v. Bansilal (SC) – High Court’s power to stay execution in civil revisions.

12. Difference Between Appeal and Revision Regarding Stay

Aspect	Appeal	Revision
Automatic Stay?	No automatic stay (Order XLI Rule 5 CPC), but easier to obtain interim stay.	No automatic stay. Must show exceptional circumstances.
Scope	Wider – can review facts and law.	Narrow – supervisory jurisdiction only.
Suspension of Sentence	Expressly provided under Section 389 CrPC.	Allowed under Section 397/401 CrPC.

Thus, both appeal and revision require separate stay applications.

13. Practical Tips for Lawyers and Litigants

Do Not Assume Automatic Stay: Execution continues unless stayed.
File Stay Application Immediately: Preferably on the same day as filing revision.
Demonstrate Urgency: Explain irreparable harm in affidavit.
Comply with Conditions: High Court may impose conditions such as security or partial deposit.
Monitor Lower Court Proceedings: Inform the executing court about the stay order immediately.

14. FAQs on Revision and Execution

Q1. Does the mere filing of a revision stop execution of a decree or order?
No. Filing of a revision does not automatically stay execution.

Q2. Can the High Court stay execution pending revision?
Yes, the High Court can grant stay or suspend the sentence or operation of the order.

Q3. What if no stay is granted by the High Court?
The lower court can proceed with execution of the order.

Q4. Is security required to obtain stay?
High Courts may direct the petitioner to furnish security or deposit part of the amount to balance equities.

Q5. Can Sessions Court grant stay during criminal revision?
Yes, Sessions Court also has concurrent revisional powers under Section 397 CrPC.

Q6. How long does a stay last?
It remains in force until the revision petition is decided or the High Court modifies/vacates it.

15. Consequences of Not Obtaining Stay

Execution proceedings may be completed during pendency of revision, rendering the revision infructuous.
In criminal matters, the accused may be sent to jail unless sentence is suspended.
Recovery or dispossession may occur in civil cases.

Thus, without a stay order, filing a revision alone does not protect against execution.

16. Conclusion

To conclude, a revision petition filed in the High Court does not, by itself, delay or stop the execution of an order. The law does not provide any automatic stay upon filing a revision, whether in civil or criminal matters. However, the High Court possesses wide discretionary powers to grant interim relief, stay execution, or suspend the operation of the impugned order pending the outcome of the revision.

If a party wishes to delay execution while the revision is being heard, it is essential to file a separate stay application alongside the revision petition, demonstrate strong grounds (jurisdictional error, irreparable harm, balance of convenience), and comply with any conditions imposed by the High Court.

In short:

Filing revision = No automatic stay.
Filing stay application + Court granting stay = Delay of execution.

Understanding and acting on this distinction is crucial for effectively protecting one’s interests in High Court revision proceedings.

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