Can Multiple Parties File a Joint Revision Petition in High Court?
When an order of a lower court adversely affects more than one person, it is natural for those aggrieved parties to consider whether they can combine their grievances into a single revision petition before the High Court. This issue often arises in both civil and criminal matters where multiple accused, multiple plaintiffs/defendants, or other affected parties want to challenge the same order.
The direct answer is: Yes, multiple parties can file a joint revision petition in the High Court if they are jointly or similarly aggrieved by the same impugned order, provided that their interests are not adverse and the grounds of challenge are substantially the same. However, whether the High Court will permit such a joint revision depends on the facts, the nature of the order challenged, and procedural rules.
Below is a detailed discussion of the legal position, statutory provisions, case law, and practical considerations.
1. Understanding Revision Petitions in High Court
A revision petition in the High Court is filed under:
- Section 115 of the Code of Civil Procedure, 1908 (CPC) in civil matters, or
- Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC) in criminal matters.
A revision petition allows the High Court to call for the record of a case decided by a subordinate court to examine the correctness, legality or propriety of the order passed. It is not an appeal but a supervisory jurisdiction.
Since revision petitions are procedural in nature, there is no express bar in the CPC or CrPC prohibiting multiple parties from joining as petitioners if their grievances arise out of the same order.
2. Concept of Joint Revision Petitions
A joint revision petition means two or more aggrieved parties coming together as co-petitioners in a single revision application to challenge the same order of a subordinate court. This is similar to joint writ petitions or joint appeals filed under certain circumstances.
The rationale behind allowing joint revision petitions is:
- Judicial economy: Avoids multiplicity of proceedings where the facts and issues are identical.
- Consistency of decisions: Prevents contradictory orders by the High Court on the same issue.
- Convenience to parties: Reduces legal costs and simplifies the process.
3. Legal Basis for Joint Revision Petitions
Although neither the CPC nor the CrPC expressly uses the term “joint revision petition,” the general principles of joinder of parties and Order I Rule 1 CPC (in civil matters) apply:
- Order I Rule 1 CPC: All persons may be joined in one suit as plaintiffs if the right to relief arises out of the same act or transaction and if there is a common question of law or fact.
- By analogy, where multiple parties have a common grievance against the same order, they may join as petitioners in a single revision.
In criminal matters, the High Court’s revisional powers under Section 401 CrPC are wide enough to examine the legality or propriety of the order for all parties aggrieved.
4. Civil Revision Petitions – Joint Filing
When Permitted
- When the same impugned order of the trial court affects multiple plaintiffs or defendants.
- When the grounds of challenge are identical or substantially similar.
- When there is no conflict of interest among the co-petitioners.
Illustration
If a trial court passes an order rejecting a joint application filed by multiple defendants under Order VII Rule 11 CPC (seeking rejection of plaint), all defendants can file one civil revision petition together.
Judicial Approach
High Courts have generally permitted such joint revisions when it is clear that the cause of action and the order challenged are common. However, the High Court may still require separate court fees from each petitioner as per rules.
5. Criminal Revision Petitions – Joint Filing
When Permitted
- When the same criminal order (such as framing of charges, dismissal of complaint, or conviction in a summary trial) affects multiple accused or multiple complainants.
- When the legal issues raised are substantially similar.
- When no adverse or conflicting interests exist among the parties.
Illustration
If a Magistrate passes a common order framing charges against five accused persons, all five accused may jointly file a criminal revision petition challenging the order before the High Court.
Case Law
- Madhu Limaye v. State of Maharashtra (1977) held that procedural rules should not defeat substantive rights; the High Court may entertain a joint revision petition if justice demands.
- Various High Court decisions (Bombay, Delhi, Kerala) have allowed joint revisions when the impugned order was common and the grounds of challenge identical.
6. Conditions and Limitations
While joint revision petitions are permissible, there are certain conditions and limitations:
- Same Order Challenged:
All petitioners must be challenging the same impugned order passed by the subordinate court. - Common Grounds:
The grounds of revision should be substantially the same. If grounds differ materially, the High Court may direct the petitioners to file separate revisions. - No Conflict of Interest:
Petitioners must not have adverse interests. For example, if one accused’s defence is antagonistic to another’s, a joint revision may not be allowed. - Court Fees and Registry Requirements:
High Courts have their own rules for court fees and case numbers. Separate court fees may be required from each petitioner even if the petition is joint. - High Court’s Discretion:
Ultimately, whether to allow a joint revision is at the discretion of the High Court. The registry may raise objections, but the court can condone or overrule them in the interest of justice.
7. Advantages of Joint Revision Petitions
- Time Saving: Single hearing instead of multiple hearings.
- Cost Effective: Legal fees, court fees, and documentation costs can be shared.
- Uniformity of Orders: Prevents contradictory judgments on the same facts.
- Strategic Strength: Multiple parties presenting a united front can strengthen the case.
8. Disadvantages or Risks
- Delay: If one party causes delay in filing, it can affect all petitioners.
- Procedural Objections: Registry may object to maintainability, leading to additional steps.
- Conflict of Interest: Any divergence in the parties’ positions may weaken the joint petition.
- Limitation Issues: Time limits must be respected for each petitioner individually.
9. Procedure for Filing a Joint Revision Petition
Step 1 – Drafting:
Draft a single revision petition naming all petitioners in the cause title. Clearly state that all petitioners are similarly aggrieved and grounds are common.
Step 2 – Affidavits:
Each petitioner must submit a supporting affidavit verifying the facts and grounds of the revision.
Step 3 – Court Fees:
Pay court fees as per the High Court rules. Sometimes separate court fees are payable for each petitioner.
Step 4 – Filing in Registry:
File the petition in the High Court registry. The registry may seek clarification on maintainability; provide a memo explaining the joint nature.
Step 5 – Hearing:
High Court will decide on admission and may issue notice to the respondents. If the court finds grounds sufficient, it will proceed to hear the matter jointly.
10. Maintainability Challenges
Respondents may object to a joint revision petition on grounds such as:
- Different causes of action.
- Adverse interests among petitioners.
- Lack of proper authorization or affidavits.
However, courts generally adopt a liberal approach when the order challenged and the legal issues are common.
11. Time Limits for Joint Revisions
Each petitioner must satisfy the limitation period individually:
- Civil Revision Petitions: 90 days from the date of order (Article 131 Limitation Act).
- Criminal Revision Petitions: Also generally 90 days, subject to condonation under Section 5 Limitation Act.
If one petitioner files within time but another is late, the late petitioner may need to file an application for condonation of delay.
12. Case Law Illustrations
- Kamal Kishore v. State (Delhi High Court) – Court allowed joint revision by multiple accused challenging a common summoning order.
- Ramesh Chandra v. Shakuntala Devi (Rajasthan High Court) – Court allowed multiple tenants to file joint revision against a single eviction order passed by Rent Tribunal.
- State of Karnataka v. K. Krishnan (Supreme Court) – Observed that procedural technicalities should not override substantive justice in revision petitions.
These cases show the judiciary’s preference for efficiency and avoidance of multiplicity.
13. Drafting Tips for Joint Revision Petitions
- Clearly mention in the opening paragraph that “all the petitioners are jointly aggrieved by the common order dated … passed by … and hence filing this joint revision petition.”
- Ensure each petitioner signs and verifies the petition.
- Attach separate vakalatnamas for each petitioner authorizing the advocate.
- Pay attention to limitation for each petitioner.
- Include a prayer seeking the High Court’s leave to permit joint filing if required.
14. FAQs on Joint Revision Petitions
Q1. Can accused persons in a criminal case file one joint revision petition?
Yes, if the order challenged (such as charge framing or conviction) is common and the grounds are similar, accused persons may file a joint revision petition.
Q2. Can plaintiffs or defendants in a civil suit file one joint revision?
Yes, if the impugned order affects them jointly and they have common grounds of challenge.
Q3. Is the High Court bound to accept a joint revision petition?
No, it is discretionary. The High Court may direct separate petitions if it finds conflicts or procedural issues.
Q4. Do all petitioners have to sign the joint revision petition?
Yes, each petitioner must sign and submit an affidavit verifying the petition.
Q5. What if one petitioner withdraws from a joint revision?
The High Court can permit deletion of a petitioner’s name and proceed with the remaining petitioners, or direct separate filings.
Q6. Can court fees be shared?
Each High Court has its own rules. Often separate court fees are payable per petitioner even in a joint petition.
15. Conclusion
In conclusion, multiple parties can file a joint revision petition in the High Court if they are similarly aggrieved by the same impugned order and if their legal grounds are substantially identical. Neither the CPC nor the CrPC prohibits such a practice, and Indian courts have consistently adopted a liberal approach to allow joint filings in the interest of judicial economy and consistency of decisions.
However, parties must ensure:
- They challenge the same order.
- Their grounds are common.
- They have no adverse interests.
- They comply with court fees and procedural requirements.
If these conditions are satisfied, a joint revision petition can be an effective and efficient way for multiple parties to seek relief from the High Court in a single proceeding.
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
