What Kind of Orders Can Be Challenged in a Civil Revision Petition?

A civil revision petition is a supervisory remedy conferred on the High Courts to correct jurisdictional errors, grave procedural irregularities, and illegalities committed by subordinate civil courts. In India, civil revision petitions in the High Court are mainly governed by Section 115 of the Code of Civil Procedure, 1908 (CPC). This provision allows the High Court to step in when no direct appeal is available and to ensure that the subordinate courts do not exceed their jurisdiction or fail to exercise it properly.

The direct answer to your question is: orders passed by subordinate civil courts which are not appealable but which may have caused a jurisdictional error, illegality, or material irregularity can be challenged in a civil revision petition before the High Court under Section 115 of the CPC.

Let us understand this in detail, with statutory provisions, judicial interpretations, examples, and key principles.

1. Legal Foundation of Civil Revision Petitions

Statutory Basis: Section 115 of CPC lays down the power of revision for High Courts in civil matters.
Scope: The High Court exercises revisional jurisdiction when:
- A subordinate court has exercised jurisdiction not vested in it by law; or
- Has failed to exercise jurisdiction vested in it; or
- Has acted illegally or with material irregularity in exercising jurisdiction.
Nature of Remedy: It is not an appellate jurisdiction. The High Court does not reassess evidence or substitute its findings for that of the subordinate court except to rectify jurisdictional errors.

2. Understanding the Term “Order”

An order is defined under Section 2(14) of CPC as the formal expression of any decision of a civil court which is not a decree.

Decrees are generally appealable, but orders are not always appealable.
Section 104 and Order XLIII Rule 1 of CPC enumerate appealable orders. Orders not included therein may be challenged through a revision petition if they meet the requirements of Section 115 CPC.

3. Types of Orders That Can Be Challenged in Civil Revision Petitions

Below are the main categories of orders which can be challenged in a civil revision petition before the High Court:

(A) Orders Involving Jurisdictional Errors

Orders Passed Without Jurisdiction
- If a subordinate court entertains a suit or proceeding over which it has no jurisdiction — for example, a court of small causes entertaining a matter of higher pecuniary value — its order can be challenged in revision.
Orders Exceeding Jurisdiction
- If a court grants relief or makes directions beyond its legal powers, such orders can be challenged.
Failure to Exercise Jurisdiction
- If a court refuses to exercise jurisdiction vested in it by law, the aggrieved party can approach the High Court for revision.

(B) Non-Appealable Interlocutory Orders

Since appeals are limited, many interim or interlocutory orders passed during the pendency of a suit are not appealable. Some of these can be challenged in revision petitions:

Orders rejecting applications for amendment of pleadings (Order VI Rule 17).
Orders refusing to add or delete parties under Order I Rule 10.
Orders rejecting applications for appointment of commissioners under Order XXVI.
Orders deciding issues like jurisdiction, admissibility of documents, or procedural matters which substantially affect the rights of parties.

(C) Orders Affecting the Rights of Parties Substantially

The High Court usually interferes when the order has a “material bearing” on the case or “finally disposes of a right.”
Examples include:

Orders rejecting or allowing applications under Order XXXIX Rules 1 and 2 (temporary injunctions).
Orders relating to attachment before judgment (Order XXXVIII Rule 5).
Orders on issues of res judicata, limitation, or jurisdiction that decide the maintainability of the suit.

(D) Orders Where No Appeal Lies but Grave Injustice Occurs

If no appeal is provided under CPC but the order causes serious prejudice or injustice, it may fall under Section 115 CPC.
Example: refusal to restore a suit dismissed for default when appeal is not available.

(E) Orders Connected With Execution Proceedings

Section 115 also applies to orders passed in execution proceedings under Order XXI CPC, provided they meet the criteria of jurisdictional error or material irregularity.
Example: Orders determining questions under Section 47 CPC.

4. Orders That Cannot Be Challenged in Civil Revision Petitions

Not all orders are revisable. The High Court is restrained by the proviso to Section 115 CPC (post-2002 amendment):

The High Court shall not vary or reverse any order made except where the order, if it had been made in favor of the revision applicant, would have finally disposed of the suit or proceeding.
Purely interlocutory orders with no direct effect on the final disposal of the case are generally not revisable.
Findings of fact or evidence cannot be reassessed in revision unless they indicate perversity or jurisdictional error.

5. Judicial Interpretations on What Constitutes a “Revisable Order”

Indian courts have provided guidance on this issue:

Major S.S. Khanna v. Brig. F.J. Dillon (AIR 1964 SC 497):
The Supreme Court held that the High Court’s revisional power is strictly limited to jurisdictional errors.
Shiv Shakti Coop. Housing Society v. Swaraj Developers (2003) 6 SCC 659:
After the 2002 amendment to Section 115 CPC, revisions cannot be entertained for every interlocutory order; only those which affect the final disposal of the suit can be considered.
Baldevdas Shivlal v. Filmistan Distributors AIR 1970 SC 406:
A revision is not an appeal in disguise.

6. Difference Between an Appealable Order and a Revisable Order

Aspect	Appealable Order	Revisable Order
Legal Provision	Section 104 & Order 43 CPC	Section 115 CPC
Right to File	Statutory right of appeal	Discretionary supervisory power of High Court
Scope	Re-examines facts and law	Only jurisdictional errors/irregularities
Outcome	Can substitute findings	Only sets aside or modifies to correct irregularity

7. Practical Examples of Orders Commonly Challenged Through Civil Revision

Refusal to frame additional issues.
Rejection of application for amendment of plaint/WS.
Order deciding the valuation of the suit or court fee.
Order dismissing application for temporary injunction or granting injunction wrongly.
Orders in execution proceedings determining rights of third parties.

8. Procedure to Challenge Orders in a Civil Revision Petition

Drafting the Petition: State clearly the facts of the case, the order being challenged, and the grounds under Section 115 CPC.
Grounds of Revision: Show how the subordinate court acted without jurisdiction, failed to exercise jurisdiction, or acted with material irregularity.
Certified Copies: Attach certified copies of the impugned order and relevant documents.
Filing Before High Court: File within limitation period prescribed under the Limitation Act (generally 90 days from the order).
Hearing: High Court may issue notice to the other side and then decide to admit or reject the revision.

9. Limitations and Caution While Filing Civil Revision Petitions

Civil revision petitions should not be filed as a substitute for appeals.
Must clearly demonstrate jurisdictional error or material irregularity.
Avoid raising factual disputes as High Court does not re-appreciate evidence.
After the CPC amendments, High Courts are stricter in entertaining revisions, especially for interlocutory orders.

10. Conclusion

To sum up, a civil revision petition can challenge orders passed by subordinate civil courts which are not appealable but which suffer from jurisdictional errors, illegality, or material irregularity, provided such orders affect the rights of the parties or the final disposal of the case. The revisional power of the High Court acts as a supervisory check on subordinate courts to ensure that justice is not derailed by grave procedural errors. However, not all interlocutory or routine orders can be challenged; only those having significant implications or involving jurisdictional lapses fall under Section 115 CPC.

Thus, while civil revision petitions provide a vital mechanism to correct errors of law and procedure, they must be used judiciously, keeping in mind the limited scope conferred by the CPC and the strict judicial interpretation adopted by the High Courts.

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