Procedure for Filing a Civil Revision or Appeal in India
Introduction
If a party is dissatisfied with a court’s decision in a civil case, they may have the option to challenge it through either a civil revision or an appeal.
- Civil Appeal: A legal remedy available to a party who is not satisfied with a lower court’s decision and seeks a review by a higher court.
- Civil Revision: A special power of the High Court to examine the correctness, legality, or propriety of any order passed by a lower court.
This article explains when and how to file a civil appeal or revision, the legal provisions, time limits, and FAQs.
Difference Between Civil Appeal and Civil Revision
| Feature | Civil Appeal | Civil Revision |
|---|---|---|
| Purpose | To correct errors in law or facts by a higher court | To correct jurisdictional or procedural errors by a lower court |
| Filed Against | Judgment or decree | Orders, procedural errors, or jurisdictional issues |
| Which Court? | Higher court (District Court, High Court, or Supreme Court) | High Court only |
| Legal Basis | Civil Procedure Code (CPC), 1908 – Section 96, 100, 109 | Section 115 of CPC |
| Time Limit | 30 to 90 days (depending on the case) | No fixed time, but should be filed within a reasonable period |
Procedure for Filing a Civil Appeal
Step 1: Check Whether the Order is Appealable
Not every order or decision can be appealed. The right to appeal is given under:
- First Appeal (Section 96, CPC) – Against a decree from the trial court.
- Second Appeal (Section 100, CPC) – Against a decree from the first appellate court, only on a substantial question of law.
- Appeal to Supreme Court (Section 109, CPC) – In rare cases, where a substantial question of law of general public importance is involved.
Step 2: Prepare Grounds of Appeal
The appellant must specify legal errors or factual mistakes made by the lower court, such as:
- Wrong application of law
- Errors in the admission of evidence
- Misinterpretation of facts
Step 3: Draft the Appeal
A civil appeal must include:
- Memorandum of Appeal – A legal document stating the grounds of appeal.
- Copy of the Judgment/Decree – The order being appealed against.
- Certified Copies of Court Records – Including pleadings, evidence, and documents presented in the lower court.
- Court Fees – As per court fee rules.
Step 4: File the Appeal in the Appropriate Court
- If appealing against a Civil Judge (Junior Division) → File in the District Court.
- If appealing against a District Judge’s decision → File in the High Court.
- If appealing against a High Court’s decision → File in the Supreme Court.
Step 5: Notice to Respondents & Hearing
- After the appeal is filed, the court issues notice to the opposite party.
- Both parties present their arguments and evidence.
- The court may allow or dismiss the appeal.
Step 6: Final Judgment
The appellate court can:
- Uphold the lower court’s decision.
- Modify the decree or judgment.
- Remand the case back to the lower court for a fresh trial.
- Reverse the decision if a legal error is found.
Procedure for Filing a Civil Revision (Under Section 115 CPC)
Step 1: Check Whether Revision is Maintainable
A civil revision can be filed when:
- A subordinate court has exceeded its jurisdiction.
- There is an illegal exercise of jurisdiction.
- There is a serious procedural irregularity affecting justice.
Step 2: Prepare Grounds for Revision
The revision petition should highlight errors of law or jurisdiction, such as:
- Lack of jurisdiction of the trial court.
- Violation of principles of natural justice.
- Failure to follow procedural rules.
Step 3: Draft the Revision Petition
A revision petition must include:
- Petition with legal grounds for revision.
- Certified copy of the order being challenged.
- Copies of pleadings and evidence from the lower court.
Step 4: File in the High Court
- A civil revision is always filed before the High Court.
- The opposite party is given notice and can file a reply.
Step 5: Court’s Decision
The High Court may:
- Reject the revision petition if no jurisdictional error is found.
- Set aside or modify the lower court’s order if it is illegal.
- Remand the case back for correction if procedural errors exist.
Time Limits for Filing a Civil Appeal or Revision
| Type of Appeal/Revision | Time Limit |
|---|---|
| First Appeal (Section 96 CPC) | 30 days |
| Second Appeal (Section 100 CPC) | 90 days |
| Appeal to Supreme Court (Section 109 CPC) | 90 days |
| Civil Revision (Section 115 CPC) | No fixed time, but should be filed within a reasonable period |
Frequently Asked Questions (FAQs)
Q1: Can I directly file a civil revision in the Supreme Court?
No, a civil revision can only be filed in the High Court.
Q2: What happens if I miss the appeal deadline?
You can file an application for condonation of delay under Section 5 of the Limitation Act, 1963, explaining the reasons for the delay.
Q3: Can I file both an appeal and a revision?
No, if an appeal is allowed, revision is not maintainable. A revision can only be filed when no appeal is available.
Q4: What are the court fees for filing an appeal?
The fees depend on the value of the suit and are prescribed under court fee laws of the respective state.
Q5: What is the difference between review, appeal, and revision?
- Review: Filed before the same court that passed the order to correct mistakes.
- Appeal: Filed before a higher court to challenge the decision.
- Revision: Filed before the High Court to correct jurisdictional or procedural errors.
Q6: Can the appellate court accept new evidence?
Generally, new evidence is not allowed in appeals, except under special circumstances if it was not available during the trial.
Q7: Can I appeal an interlocutory order?
No, interlocutory (temporary) orders are not appealable, but they may be challenged through revision or writ petitions.
Q8: Can a revision petition be filed against a decree?
No, revision petitions can only be filed against orders, not final decrees.
Conclusion
Filing a civil appeal or civil revision is an essential legal remedy for correcting judicial errors. Appeals allow higher courts to reconsider decisions, while revisions help correct jurisdictional errors. It is important to file them within the prescribed time limits, with proper legal grounds and supporting documents. Consulting an experienced lawyer ensures a smooth legal process and increases the chances of success.
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