Filing a revision petition in the High Court—whether in a civil matter under Section 115 of the Code of Civil Procedure, 1908 (CPC) or in a criminal matter under Sections 397–401 of the Code of Criminal Procedure, 1973 (CrPC)—is only the first step in the revisional process. Many litigants believe that once a petition is filed, the case is automatically heard. In reality, a series of procedural steps occur after filing, ranging from scrutiny by the High Court Registry to issuance of notices, calling for the lower court record, hearings on admission and interim relief, and finally, a decision on merits.
The direct answer is: after filing a revision petition in the High Court, the petition undergoes scrutiny by the Registry, the High Court may issue notices to the respondents, call for the lower court records, hear arguments on interim relief, and finally hear the matter on merits to decide whether to uphold, modify, or set aside the impugned order or remand the matter back to the lower court.
In this article, we will explain each stage in depth, supported by legal provisions, judicial practice, and practical tips.
1. Understanding a Revision Petition
A revision petition is a supervisory remedy rather than a full-fledged appeal. It allows the High Court to examine whether a subordinate court has acted without jurisdiction, exceeded its jurisdiction, or committed a material irregularity resulting in injustice.
- Civil Revision Petition (CRP): Under Section 115 CPC.
- Criminal Revision Petition (CR): Under Sections 397–401 CrPC.
Because revision is a limited jurisdiction, the procedure after filing is designed to focus on legality, propriety, and jurisdictional correctness rather than re-examination of all facts.
2. Filing Stage: What Happens First
2.1 Submission to the Registry
After preparing the petition with all annexures, affidavits, and court fees, the advocate or party-in-person files it at the High Court Registry. The Registry assigns a diary number or filing number.
2.2 Scrutiny by Registry
The Registry checks:
- Whether the petition is within limitation.
- Whether certified copies of impugned orders are attached.
- Whether court fee and welfare stamps are affixed.
- Whether Vakalatnama/party-in-person declaration is filed.
- Whether index, list of dates, and pagination are proper.
If any defect is found, the Registry issues a “defect sheet”. The petitioner must rectify defects within the stipulated time. Only after curing defects is the petition “registered” and assigned a revision petition number (e.g., CRP No. … of 2025).
3. Initial Listing Before the Court
Once registered, the case is listed before a Single Judge or Division Bench depending on the High Court rules and subject-matter. At this stage, several things may happen:
3.1 Admission Stage
The first listing is called “admission” or “preliminary hearing”. The court examines whether:
- The petition is maintainable under Section 115 CPC or Sections 397–401 CrPC.
- It raises a substantial question of jurisdiction or legality.
- It is barred by limitation.
If the court finds the petition defective or without merit, it may dismiss it at the admission stage without issuing notice to the other side.
3.2 Issuance of Notice
If the court is satisfied that a prima facie case exists, it issues notice to the respondents:
- Respondents must appear and file their replies or objections.
- The Registry serves the notice or asks the petitioner to serve it.
3.3 Interim Relief Consideration
If the petitioner has sought interim relief (e.g., stay of execution, suspension of sentence, stay of eviction), the High Court may grant interim relief at the admission stage or after hearing both sides.
4. Calling for the Lower Court Record
Since revision jurisdiction involves checking the legality and propriety of the lower court’s order, the High Court often calls for the entire record of the lower court. This is done under:
- Section 115 CPC for civil cases.
- Section 397 CrPC for criminal cases.
The lower court record may include pleadings, evidence, exhibits, and the order sheet. This enables the High Court to verify whether the subordinate court acted within its jurisdiction.
5. Filing of Counter-Affidavits / Replies by Respondents
After notice is issued, respondents are given a time-frame (usually 4–6 weeks) to file:
- Counter-affidavit / Objections denying the grounds raised in the revision petition.
- Supporting documents or case law.
The petitioner may then file a rejoinder to respond to new facts raised in the counter-affidavit.
6. Interim Orders Pending Final Hearing
High Courts frequently pass interim orders during the pendency of the revision petition. Examples:
- Stay of Execution – In civil matters, the execution of the impugned order (like eviction or attachment) may be stayed.
- Suspension of Sentence – In criminal revisions, the High Court may suspend the sentence or grant bail pending revision.
- Status Quo Orders – Maintaining the current state of affairs until disposal.
These orders are discretionary and depend on urgency, balance of convenience, and irreparable loss.
7. Final Hearing on Merits
Once pleadings are complete and records received:
7.1 Arguments by Petitioner
The petitioner’s advocate argues:
- Jurisdictional error of the lower court.
- Material irregularity in procedure.
- Illegality or impropriety of the impugned order.
7.2 Arguments by Respondent
The respondent’s advocate argues maintainability issues, jurisdictional objections, and defends the impugned order.
7.3 Limited Scope of Evidence
Unlike appeals, revision petitions generally do not allow new evidence. The High Court decides based on the lower court record.
8. Types of Orders High Court May Pass After Hearing
8.1 Dismissal of Revision Petition
If the High Court finds no error, it may dismiss the revision petition. The lower court’s order stands confirmed.
8.2 Allowing the Revision Petition
If the High Court finds merit, it may:
- Set aside the impugned order entirely.
- Modify the order.
- Remand the case back to the lower court for fresh consideration.
8.3 Passing Directions
The High Court may issue specific directions to the lower court (e.g., dispose of a case within a time-frame, re-hear a party, take additional evidence).
9. Effect of High Court’s Decision
9.1 Binding Nature
The High Court’s order in revision is binding on the lower court. If the matter is remanded, the lower court must comply with the directions.
9.2 No Further Revision
Generally, no second revision lies to the High Court. However, the aggrieved party may:
- File a Special Leave Petition (SLP) before the Supreme Court under Article 136 of the Constitution.
- File a review petition before the High Court if grounds exist.
9.3 Execution or Compliance
If the High Court grants relief, the order may require execution or compliance by the lower court or parties.
10. Timelines After Filing
Timelines vary widely depending on the High Court’s workload. Broadly:
- Scrutiny Stage: 1–2 weeks after filing.
- Notice Stage: 2–6 weeks for respondents to reply.
- Final Hearing: Could take months to years depending on backlog.
- Interim Relief Orders: Usually passed within days/weeks.
11. Practical Tips for Petitioners After Filing
- Follow up with Registry – Ensure defects are cured quickly.
- Serve Respondents Promptly – Delays in service slow down the case.
- Apply for Interim Relief Early – If you want to preserve your rights during the pendency.
- Monitor Lower Court Record Transfer – Sometimes delays occur in sending the record to the High Court.
- Be Ready for Hearing on Short Notice – High Courts may list the case for arguments suddenly.
12. Role of Inherent Powers During the Process
- Section 151 CPC (civil) and Section 482 CrPC (criminal) empower the High Court to make orders to prevent abuse of process or secure the ends of justice during the pendency of a revision petition.
- These powers allow the High Court to grant interim relief, modify orders, or expedite hearings.
13. Differences in Procedure Between Civil and Criminal Revision Petitions After Filing
| Stage | Civil Revision Petition (Section 115 CPC) | Criminal Revision Petition (Sections 397–401 CrPC) |
|---|---|---|
| Interim Relief | Stay of execution, stay of eviction, injunction | Suspension of sentence, bail, stay of proceedings |
| Record Called From | Civil trial court | Magistrate/Sessions court |
| Timeline | Depends on civil docket | Often quicker due to liberty concerns |
14. Case Law Illustrating Post-Filing Procedure
- Shiv Shakti Coop Housing Society v. Swaraj Developers (2003) 6 SCC 659: High Court explained it must first examine maintainability before issuing notice.
- Aundal Ammal v. Sadasivan Pillai (1987 AIR SC 203): Stressed the limited scope of revisional powers.
- Amar Nath v. State of Haryana (1977 AIR SC 2185): Explained criminal revision procedure, highlighting the need to prevent harassment by frivolous revisions.
15. Common Mistakes by Litigants After Filing
- Assuming the High Court automatically stays the lower court’s order—it does not unless you apply for it.
- Failing to cure Registry defects promptly—can lead to dismissal.
- Not tracking lower court record transfer—delays the case.
- Not filing rejoinder to counter-affidavit—weakens your case.
16. Conclusion
After filing a revision petition in the High Court, the case undergoes several procedural steps: scrutiny by the Registry, possible issuance of notice to the respondents, calling for the lower court record, consideration of interim relief, filing of counter-affidavits, and finally a hearing on merits. The High Court may then dismiss the petition, allow it with modifications, or remand the matter to the lower court with directions.
Unlike appeals, revision petitions are supervisory, so parties should focus on jurisdictional errors, material irregularities, and legality of orders rather than rearguing the entire case. Proper follow-up with the Registry, timely service on respondents, and a strong interim relief application can greatly improve the chances of a favorable outcome.
17. Frequently Asked Questions (FAQs)
Q1. Will the High Court automatically stay the order of the lower court after filing a revision petition?
No. You must file a separate application for stay or interim relief. The High Court will decide based on urgency and balance of convenience.
Q2. How long does it take for a revision petition to be heard after filing?
It varies by High Court. Admission may happen in weeks, but final hearing may take months or years depending on backlog.
Q3. Will the High Court call for the entire lower court record?
Yes, usually after issuing notice to respondents, the High Court calls for the record to verify legality and jurisdiction.
Q4. Can I withdraw my revision petition after filing?
Yes, with the leave of the High Court. You may file an application to withdraw.
Q5. Can new evidence be submitted after filing?
Generally no, except in rare cases under inherent powers to prevent miscarriage of justice.
Q6. What happens if respondents do not appear after notice?
The High Court may proceed ex parte against them and decide the petition on merits.
Q7. Can interim relief granted at admission stage be vacated later?
Yes, the respondent can file an application to vacate or modify interim relief if circumstances change.
Q8. Is the High Court’s decision on a revision petition final?
Generally yes. No second revision lies. However, you can approach the Supreme Court through an SLP or file a review in the High Court.
Q9. Do I need to attend every date personally?
If you are represented by an advocate, your personal appearance is usually not required unless the court specifically calls you.
Q10. Can the High Court expedite a revision petition?
Yes. You may file an application for early hearing citing urgency, such as liberty issues or imminent eviction.
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.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304