In the Indian judicial system, the High Courts play a dual role: they act as appellate courts to hear appeals from lower courts and as supervisory courts to oversee the functioning of subordinate courts. One of the most important supervisory powers vested in High Courts is the power of revision. This power enables the High Court to examine and correct errors, illegalities, and irregularities committed by subordinate courts even when no appeal lies. The mechanism through which this power is exercised is called a Revision Petition.
This article explains in depth what a revision petition in the High Court is, the legal provisions under which it is filed, its scope and limitations, and the procedure for filing and arguing a revision petition in India.
Meaning of Revision Petition
A revision petition in the High Court is a legal remedy available to an aggrieved party to challenge the legality, propriety, or correctness of an order or judgment passed by a subordinate court where no appeal lies. In simpler terms, it is not an appeal but a special supervisory jurisdiction exercised by the High Court to ensure that the lower courts act within their authority and in accordance with law.
The power of revision is essentially a corrective power. It prevents miscarriage of justice by allowing the High Court to scrutinize the records of a case and interfere if there has been a material irregularity or a jurisdictional error.
Legal Provisions Governing Revision Petitions
1. Civil Revision – Section 115 CPC
The legal foundation for civil revision petitions is Section 115 of the Code of Civil Procedure, 1908 (CPC). This section empowers the High Court to call for the record of any case decided by a subordinate court where no appeal lies and to examine the legality, propriety, or correctness of the order.
Key aspects of Section 115 CPC:
- It applies to “cases decided” by subordinate courts.
- The High Court can interfere if the subordinate court exercised jurisdiction not vested in it, failed to exercise jurisdiction vested in it, or acted illegally or with material irregularity in exercising jurisdiction.
- The High Court cannot vary or reverse any order made in the course of a suit except where it affects the final disposal of the case or causes irreparable injury to the party.
2. Criminal Revision – Sections 397 to 401 CrPC
In criminal matters, the power of revision flows from Sections 397 to 401 of the Code of Criminal Procedure, 1973 (CrPC).
- Section 397 CrPC: Confers revisional jurisdiction on the High Court and the Sessions Judge to call for and examine the record of any proceeding before any inferior criminal court to satisfy themselves of the correctness, legality, or propriety of any finding, sentence, or order.
- Section 398 CrPC: Empowers the revisional court to order further inquiry in certain cases.
- Section 401 CrPC: Provides the High Court with all powers of an appellate court while hearing revision petitions except that it cannot convert an acquittal into conviction.
Together, these provisions ensure that both civil and criminal matters can be subjected to the High Court’s revisional scrutiny where no appeal lies.
Nature and Scope of Revision Petitions
1. Supervisory Jurisdiction
Revision petitions invoke the supervisory jurisdiction of the High Court over subordinate courts. This jurisdiction is discretionary; it is not a matter of right.
2. Correcting Jurisdictional Errors
The primary purpose is to correct jurisdictional errors. If a subordinate court acts without jurisdiction, exceeds its jurisdiction, or fails to exercise jurisdiction, the High Court may step in.
3. Checking Illegality or Material Irregularity
Apart from jurisdictional errors, the High Court can interfere when there is a manifest illegality or a material irregularity in the procedure that has resulted in a miscarriage of justice.
4. Limited Scope – Not an Appeal
Unlike appeals, which permit re-appreciation of evidence and findings of fact, revision petitions generally do not allow the High Court to reassess evidence or substitute its own findings unless there is perversity or a clear jurisdictional error.
When Can a Revision Petition Be Filed in the High Court?
A revision petition can be filed in the High Court in the following situations:
- When no appeal lies against an order or judgment of a subordinate court.
- When the subordinate court has acted without jurisdiction or in excess of jurisdiction.
- When the subordinate court has failed to exercise jurisdiction vested in it.
- When there is a manifest illegality or irregularity resulting in miscarriage of justice.
- When an interlocutory order substantially affects the rights of parties (with some exceptions under CrPC).
Procedure for Filing a Revision Petition in the High Court
Step 1: Identifying the Right Forum
In criminal cases, Section 397(1) CrPC allows a revision to be filed either before the Sessions Court or the High Court. However, under Section 397(3) CrPC, once a party files a revision before the Sessions Court, they cannot approach the High Court for the same matter. In civil cases, revisions lie only before the High Court under Section 115 CPC.
Step 2: Drafting the Revision Petition
A well-drafted revision petition must contain:
- Title and cause list as per High Court format.
- Brief facts of the case.
- Impugned order/judgment details.
- Grounds of challenge clearly showing illegality, jurisdictional error, or material irregularity.
- Prayer seeking relief (setting aside/modifying the order, stay of proceedings, etc.).
- Verification and affidavit.
Step 3: Filing Supporting Documents
Attach certified copies of:
- Impugned order/judgment.
- Pleadings and annexures filed in the lower court.
- Evidence relied upon.
- Application for interim relief (if necessary).
Step 4: Court Fee and Filing Process
Pay the requisite court fee as per the Court Fees Act and High Court Rules. File the petition in the filing section of the High Court.
Step 5: Admission and Notice
The High Court may dismiss the revision petition at the admission stage if it finds no prima facie case. Otherwise, it issues notice to the opposite party and may call for the record of the lower court.
Step 6: Interim Relief
If sought, the High Court may grant interim relief like a stay of execution of the impugned order to prevent injustice during the pendency of the petition.
Step 7: Hearing and Final Order
After hearing both parties, the High Court may allow, modify, or dismiss the revision petition.
Powers of the High Court in Revision Petitions
In Civil Revision (Section 115 CPC):
- To annul or modify the impugned order.
- To remand the matter back to the subordinate court for fresh decision.
- To issue directions for correct exercise of jurisdiction.
In Criminal Revision (Sections 397–401 CrPC):
- To examine the legality, propriety, or correctness of any finding, sentence, or order.
- To enhance or reduce sentence after giving an opportunity to the accused.
- To direct further inquiry under Section 398 CrPC.
- To exercise all powers of an appellate court except converting acquittal into conviction.
Limitations on the Power of Revision
1. Not a Substitute for Appeal
A revision petition cannot be used as an appeal in disguise. If an appeal lies, the revision will not be entertained.
2. No Reassessment of Evidence
The High Court generally does not re-assess evidence unless the findings are perverse or based on no evidence.
3. Interlocutory Orders in Criminal Cases
Under Section 397(2) CrPC, no revision lies against purely interlocutory orders. However, the High Court may use its inherent powers under Section 482 CrPC in exceptional cases.
4. Discretionary Nature
The High Court may refuse to entertain a revision petition even if a ground exists if it believes no substantial injustice has been caused.
Advantages of Filing a Revision Petition
- Quick Remedy: Often faster than an appeal because it targets only legality and jurisdictional issues.
- Supervisory Control: Helps ensure that subordinate courts function within the bounds of law.
- Prevents Miscarriage of Justice: Allows correction of grave errors when no appeal lies.
- Flexible Relief: The High Court can grant interim relief to protect the petitioner’s rights during pendency.
Important Case Laws on Revision Petitions
- Major S.S. Khanna v. Brig. F.J. Dillon (1964 AIR 497)
The Supreme Court held that revisional jurisdiction is meant to correct jurisdictional errors and cannot be used as an appeal. - Aundal Ammal v. Sadasivan Pillai (1987 AIR 203)
Clarified that High Courts can interfere in revisions when the subordinate court’s order results in gross injustice. - State of Kerala v. Puttumana Illath Jathavedan Namboodiri (1999 AIR SC 981)
The Supreme Court reiterated that revisional jurisdiction is limited and not equivalent to appellate jurisdiction. - Amit Kapoor v. Ramesh Chander (2012 9 SCC 460)
Laid down principles on how High Courts should exercise revision and inherent powers to quash proceedings.
Difference Between Appeal and Revision
| Aspect | Appeal | Revision |
|---|---|---|
| Nature | Statutory right | Discretionary supervisory power |
| Scope | Questions of fact and law | Only legality, propriety, jurisdiction |
| Evidence | Can re-appreciate evidence | Limited to record of lower court |
| Right to File | As of right if statute provides | Only if no appeal lies |
| Relief | Wide powers to modify/annul/confirm | Limited powers, mainly correction |
This distinction is critical to understand when deciding whether to file an appeal or a revision petition.
Frequently Asked Questions
Q1. Is a revision petition maintainable against all orders?
No. It is maintainable only when no appeal lies and the order suffers from jurisdictional error, illegality, or material irregularity.
Q2. Can new evidence be introduced in a revision petition?
Generally, no. Revision petitions are decided on the record of the lower court.
Q3. Is there a time limit to file a revision petition?
Yes. Generally 90 days from the date of the impugned order under the Limitation Act, subject to condonation of delay under Section 5 of the Limitation Act.
Q4. Can a revision petition be withdrawn?
Yes. It can be withdrawn with the permission of the High Court before final disposal.
Q5. Can the High Court grant interim stay in a revision petition?
Yes. The High Court has the discretion to grant interim stay to prevent injustice during the pendency of the revision.
Practical Tips for Filing a Strong Revision Petition
- Focus on Jurisdictional Errors: Highlight clearly where the lower court lacked or exceeded jurisdiction.
- Demonstrate Substantial Injustice: Show that the impugned order caused serious prejudice to your rights.
- Avoid Re-arguing Facts: Confine to legal and procedural errors rather than factual disputes.
- Attach Certified Copies: Always file certified copies of the impugned orders and relevant documents.
- Engage Experienced Counsel: Since revisional jurisdiction is discretionary, precise drafting and argumentation are crucial.
Conclusion
A revision petition in the High Court is a powerful supervisory remedy designed to ensure that subordinate courts act within their jurisdiction and follow the law. It is not an appeal but a corrective mechanism. Civil revision petitions are filed under Section 115 CPC and criminal revision petitions are filed under Sections 397 to 401 CrPC. The High Court’s revisional jurisdiction is discretionary and limited to jurisdictional errors, illegalities, and material irregularities.
For litigants and lawyers, understanding the scope, procedure, and limitations of a revision petition is essential. A well-drafted and properly presented revision petition can effectively protect one’s legal rights and prevent miscarriage of justice when no appeal lies.
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