Who Can File a Civil or Criminal Revision in the High Court?

The Indian legal system provides appellate as well as revisional remedies to aggrieved parties. While appeals are statutory rights, revisions are supervisory powers vested in higher courts to ensure that lower courts act within the boundaries of their jurisdiction and the law. In India, civil revision petitions are governed by Section 115 of the Code of Civil Procedure, 1908 (CPC) and criminal revision petitions are governed by Sections 397–401 of the Code of Criminal Procedure, 1973 (CrPC).

The direct answer to your question is: any aggrieved party—plaintiff, defendant, complainant, accused, or even the State—who is affected by a non-appealable but erroneous or illegal order of a subordinate court can file a civil or criminal revision petition in the High Court. In addition, the High Court can also exercise its revisional jurisdiction suo motu without any application from the parties.

Let us now examine this in depth.

1. Understanding the Concept of “Revision”

(A) Civil Revision (Section 115 CPC)

The High Court can call for the record of any case decided by a subordinate court to satisfy itself that the court has not exercised jurisdiction illegally, improperly, or with material irregularity.
It applies when no appeal lies from the order of the subordinate court.

(B) Criminal Revision (Sections 397–401 CrPC)

Both the High Court and the Sessions Court are empowered to call for and examine the record of any proceeding before an inferior criminal court to satisfy themselves about the correctness, legality, or propriety of any finding, sentence, or order.
The High Court has wider revisional powers under Section 401 CrPC.

Thus, revision is a discretionary, supervisory power, not an automatic right like an appeal.

2. Who Can File a Civil Revision Petition in the High Court

(A) “Any Person Aggrieved” by the Order of a Subordinate Civil Court

The term “person aggrieved” is not narrowly defined. It includes:
- Plaintiff: if the order affects his right to proceed with the suit or affects his substantive rights.
- Defendant: if an interlocutory or final order prejudices his defence.
- Third Party/Intervenor: if the order affects the rights of a non-party (for example, in execution proceedings).
The party must demonstrate that the order:
- Affects their legal rights;
- Causes them substantial injustice; and
- Is not appealable.

(B) State or Public Authority

Where government departments or statutory bodies are parties to civil litigation, they can file civil revision petitions against orders adversely affecting them.

(C) Legal Representatives

After the death of a party, his or her legal representatives can continue the litigation and file revision petitions if the order affects the estate of the deceased.

(D) Suo Motu by High Court

The High Court under Section 115 CPC can act even without an application from a party, calling for records of a subordinate court if it notices an error or jurisdictional irregularity.

3. Who Can File a Criminal Revision Petition in the High Court

Criminal revision petitions have a slightly broader scope because of the CrPC’s provisions.

(A) Accused Person

An accused can file a criminal revision petition to challenge:
- Orders of conviction with minor sentences where no appeal lies.
- Orders framing charges or refusing discharge.
- Orders refusing bail or forfeiting surety bonds.
- Orders in maintenance proceedings under Section 125 CrPC.

(B) Complainant or Victim

A complainant or victim can file a criminal revision petition to challenge:
- Dismissal of complaint under Section 203 CrPC.
- Discharge of accused under Section 239 or 245 CrPC.
- Orders refusing to take cognizance of offences.
- Orders granting inadequate maintenance or relief under special criminal laws.

(C) State or Prosecution

The State (through the Public Prosecutor) can file a criminal revision petition in cases where:
- It believes the trial court has passed an illegal or improper order;
- No appeal is provided by the CrPC;
- It wishes to challenge orders of discharge or inadequate sentences.

(D) Third Parties Affected by Criminal Proceedings

Any person whose rights are directly affected by a criminal court order, such as an order of confiscation of property, forfeiture of bond, or cancellation of licenses, can move the revisional court.

(E) Suo Motu by High Court or Sessions Court

The High Court and Sessions Court may also exercise revisional powers suo motu, i.e., on their own motion, if they come across records of proceedings showing gross illegality or miscarriage of justice.
This supervisory power is designed to protect the integrity of the criminal justice system.

4. Conditions for Filing a Civil or Criminal Revision Petition

Whether civil or criminal, some general conditions must be satisfied:

No Appeal Must Lie
- Revision is available only when no appeal lies against the impugned order.
- If appeal is provided but not filed, revision generally cannot be filed.
Applicant Must Be “Aggrieved”
- The order must have caused legal injury or prejudice to the applicant.
- Merely being dissatisfied with the order is not enough.
Jurisdictional Error or Material Irregularity
- The order must show illegality, impropriety, or material irregularity in the exercise of jurisdiction.
Within Limitation
- The petition must be filed within the period prescribed by the Limitation Act (usually 90 days).

5. Special Situations

(A) Civil Revisions in Execution Proceedings

A judgment debtor or decree holder can file revisions in the High Court challenging orders passed by the executing court under Section 47 CPC if no appeal lies.

(B) Criminal Revisions in Maintenance Proceedings

Both husband and wife can file revisions against maintenance orders under Section 125 CrPC, as no appeal is provided.

(C) Victim’s Right under CrPC

After the 2009 CrPC amendments, victims have more recognized standing to approach revisional courts, especially when they cannot appeal directly.

6. Difference Between Civil and Criminal Revisions – Who Can File

Aspect	Civil Revision (Sec.115 CPC)	Criminal Revision (Sec.397–401 CrPC)
Who Can File	Plaintiff, defendant, third party, legal heirs, State, suo motu by High Court	Accused, complainant, victim, State, third party affected, suo motu by High Court/Sessions Court
Main Condition	No appeal lies; jurisdictional error	No appeal lies; illegality, impropriety, irregularity
Nature of Rights	Supervisory over civil courts	Supervisory over criminal courts

7. Judicial Pronouncements on Who Can File Revision

Major S.S. Khanna v. Brig. F.J. Dillon (AIR 1964 SC 497):
Clarified that any person aggrieved by a jurisdictional error can approach the High Court under Section 115 CPC.
Krishnan & Anr. v. Krishnaveni (1997) 4 SCC 241:
The Supreme Court held that even after Sessions Court exercises revision powers, the High Court retains its power under Section 401 CrPC read with Section 482 CrPC to prevent abuse of process of court.
Madhu Limaye v. State of Maharashtra (1977) 4 SCC 551:
Recognized that revisional jurisdiction is available to an aggrieved party when the order substantially affects the rights of the parties.

8. Procedural Steps for Filing Revision in High Court

(A) Drafting the Petition

Clearly mention:
- Name of parties
- The order being challenged
- Grounds under Section 115 CPC or Section 397–401 CrPC
- The relief sought

(B) Documents Required

Certified copy of the impugned order.
Relevant pleadings, evidence, and orders from the lower court record.

(C) Filing and Limitation

File the petition within limitation (generally 90 days).
Apply for condonation of delay under Section 5 of Limitation Act if needed.

(D) Hearing and Outcome

The High Court may issue notice to the opposite party.
After hearing, it may set aside, modify, remand, or uphold the order.
In criminal revisions, it may order retrial, further inquiry, or alteration of sentence (subject to Section 401(3) CrPC).

9. Suo Motu Power of High Court

The High Court need not always wait for a party to approach it.
It can call for records of subordinate courts on its own if it notices:
- Illegal sentences;
- Gross procedural irregularity; or
- Miscarriage of justice.
This is an important safeguard in both civil and criminal matters.

10. Limitations of Who Can File Revision

Bar under Section 397(2) CrPC: No revision against purely interlocutory orders.
Bar under Section 401(4) CrPC: If a party could have appealed but did not, it cannot file revision.
Post-2002 Amendment to CPC: The High Court will not interfere unless the order, if it had been in favor of the applicant, would have finally disposed of the case.
Revisional Jurisdiction is Discretionary: The High Court may refuse to entertain revision even if maintainable.

11. Practical Examples

Civil Revision:
- Defendant challenges rejection of his application for amendment of written statement.
- Third party challenges an order of attachment before judgment.
Criminal Revision:
- Complainant challenges dismissal of his complaint under Section 203 CrPC.
- Accused challenges maintenance order under Section 125 CrPC.
- State challenges discharge of accused where no appeal lies.

12. Why This Matters

The remedy of revision—whether civil or criminal—ensures that subordinate courts remain within their jurisdiction and procedural fairness is upheld. It gives both individuals and the State an avenue to correct grave mistakes of law when no appeal lies. This keeps the justice delivery system balanced and accountable.

13. Conclusion

To conclude, any “person aggrieved”—be it a plaintiff, defendant, complainant, accused, victim, third party, or even the State—can file a civil or criminal revision petition in the High Court if they are affected by a non-appealable but erroneous, illegal, or jurisdictionally flawed order of a subordinate court. In addition, the High Court also has the power to exercise its revisional jurisdiction suo motu.

In civil matters, this power flows from Section 115 CPC, while in criminal matters, it flows from Sections 397–401 CrPC. The essential requirements are that no appeal should lie, the applicant must be aggrieved, and there should be illegality, impropriety, or material irregularity in the impugned order. This supervisory jurisdiction of the High Court thus acts as a cornerstone for maintaining the rule of law and ensuring justice in both civil and criminal 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.

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

Contact: 88271 22304