The issue of whether a party can file a revision directly in the High Court in civil matters is one of the most important questions in civil litigation. The direct answer to your question is: Yes, in civil matters a revision petition can be filed directly in the High Court under Section 115 of the Code of Civil Procedure, 1908 (CPC), provided the impugned order meets the conditions laid down in Section 115 CPC, because civil revision jurisdiction in India vests primarily in the High Court and not in the District Court.
Below is a detailed explanation covering the legal framework, the scope of revision petitions, procedural aspects, and judicial interpretations.
1. Understanding Revision Jurisdiction in Civil Cases
(A) Difference Between Appeal and Revision
- An appeal is a statutory right that allows a higher court to re-examine both the facts and the law of the lower court’s decision.
- A revision is a discretionary remedy granted to supervise and correct jurisdictional errors or material irregularities committed by subordinate courts.
- Appeals examine the correctness of judgments; revisions supervise the legality and propriety of orders.
(B) Purpose of Revision
The primary objective of revision in civil law is to prevent miscarriage of justice by ensuring that subordinate courts act within their jurisdiction. The High Court exercises this power sparingly and only in cases where no appeal lies.
2. Statutory Provision for Civil Revision: Section 115 CPC
Section 115 of the Code of Civil Procedure, 1908, is the cornerstone provision governing civil revisions in India. It states:
“The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate court appears—
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,
the High Court may make such order in the case as it thinks fit.”
This provision makes it clear that only the High Court can exercise revision jurisdiction in civil matters.
3. Territorial and Jurisdictional Aspects
- Subordinate Courts: The order or judgment challenged must emanate from a court subordinate to the High Court, such as District Courts, Civil Judges (Senior/Junior Division), or Small Causes Courts.
- No Appeal Lies: A revision under Section 115 CPC is maintainable only if the order is not appealable under the CPC or any other law.
- Jurisdictional Error: The subordinate court must have either exercised jurisdiction it did not have, failed to exercise jurisdiction, or acted with material irregularity in its jurisdiction.
4. Direct Filing in High Court
Since Section 115 CPC vests revisional power solely in the High Court, a civil revision petition is filed directly in the High Court and not in the Sessions Court or District Court. District or Sessions Courts have no revisional powers in civil cases under the CPC. This is in contrast to criminal law, where Sessions Courts can entertain revisions under Section 399 Cr.P.C.
5. Essential Conditions for Maintainability
For a civil revision petition to be maintainable in the High Court, the following conditions must be satisfied:
- The case must have been decided by a subordinate court: The order should be passed by a court under the High Court’s supervisory jurisdiction.
- No appeal should lie: If the order is appealable, revision will not lie.
- Jurisdictional issue: The subordinate court must have exercised jurisdiction not vested in it, failed to exercise jurisdiction, or acted with material irregularity.
- Nature of the Order: Usually, revisions lie against interlocutory orders or orders finally deciding a procedural aspect, but not against decrees where appeal lies.
6. Amendments to Section 115 CPC and Their Impact
The Code of Civil Procedure (Amendment) Act, 1999, and later the CPC (Amendment) Act, 2002, significantly restricted the scope of Section 115 CPC.
Key changes include:
- A revision shall not be filed against any order that does not finally dispose of the suit or other proceeding.
- The High Court shall not vary or reverse any order unless such order would have finally disposed of the case had it been made in favor of the party.
This means:
- Revisions are now maintainable mainly against orders which, if decided differently, would have ended the case or proceedings.
- Routine interlocutory orders cannot generally be challenged in revision.
7. Situations Where Civil Revision Lies
Typical examples include:
- Orders rejecting or allowing amendment of pleadings under Order VI Rule 17 CPC.
- Orders rejecting or allowing applications under Order VII Rule 11 CPC (rejection of plaint).
- Orders on issues of jurisdiction of the trial court.
- Orders relating to impleadment of parties under Order I Rule 10 CPC.
- Orders on issues of valuation and court fees.
8. Situations Where Civil Revision Does Not Lie
- Where an appeal is specifically provided under the CPC.
- Against purely interlocutory orders not finally disposing of the matter.
- Against administrative orders passed by the courts.
9. Judicial Interpretation of Section 115 CPC
Several judgments of the Supreme Court and High Courts have clarified the scope of civil revision petitions:
- Major S.S. Khanna v. Brig. F.J. Dillon (1964 AIR SC 497): The Supreme Court held that the revisional jurisdiction is limited and cannot be equated with appellate jurisdiction.
- Shiv Shakti Coop. Housing Society v. Swaraj Developers (2003) 6 SCC 659: Clarified that post-2002 amendment, revisional powers cannot be exercised against every interlocutory order.
- Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675: The Court explained that when revision is barred, parties can still approach the High Court under Article 227 of the Constitution for supervisory jurisdiction.
- Radhey Shyam v. Chhabi Nath (2015) 5 SCC 423: Reiterated the difference between Article 226/227 powers and Section 115 CPC.
10. Interplay Between Section 115 CPC and Article 227 of the Constitution
- Article 227 gives the High Court the power of superintendence over all courts and tribunals within its jurisdiction.
- If Section 115 CPC revision is barred due to statutory restrictions, a litigant can still invoke Article 227, but only in exceptional cases.
- However, Article 227 petitions are not substitutes for revision — they are discretionary constitutional remedies.
11. Time Limit for Filing a Civil Revision in High Court
Under the Limitation Act, 1963, Article 131 prescribes a limitation period of 90 days for filing a revision from the date of the order.
- Delay can be condoned under Section 5 of the Limitation Act if sufficient cause is shown.
- High Courts’ rules may also prescribe procedural requirements like indexing, certified copies, and affidavits.
12. Procedure for Filing a Civil Revision Directly in High Court
- Prepare the Revision Petition: Include case title, details of the order challenged, grounds under Section 115 CPC, and a clear prayer.
- Certified Copy of the Order: Attach the certified copy of the impugned order.
- Supporting Documents: Annex pleadings, exhibits, and affidavits as required.
- Filing Fees: Pay the requisite court fee as per the High Court rules.
- Registry Scrutiny: The petition will be scrutinized by the registry for compliance with procedural requirements.
- Admission Stage: The High Court will first decide whether to admit the petition.
- Hearing and Final Disposal: After admission, notices may be issued to the opposite parties, and the petition will be heard and disposed of.
13. Advantage of Filing Directly in High Court
- Exclusive Jurisdiction: Only the High Court can entertain civil revisions, so filing directly in the High Court avoids jurisdictional objections.
- Supervisory Authority: The High Court has broader supervisory powers under Article 227 if needed.
- Efficiency: Orders passed by High Courts carry higher precedential value and tend to have faster enforcement.
14. Limitations and Disadvantages
- Narrow Scope: Post-amendment, the scope of revision is quite narrow.
- Discretionary Remedy: The High Court may dismiss the petition at the admission stage.
- Costs and Formalities: Filing in the High Court can be more expensive and procedurally stringent compared to district courts.
15. Difference Between Civil Revision and Criminal Revision
| Aspect | Civil Revision (CPC) | Criminal Revision (Cr.P.C.) |
|---|---|---|
| Statutory Provision | Section 115 CPC | Sections 397–401 Cr.P.C. |
| Forum | High Court only | High Court and Sessions Court |
| Time Limit | 90 days (Art. 131 Limitation Act) | 90 days (Art. 131 Limitation Act) |
| Purpose | Correct jurisdictional errors in civil cases | Correct illegality/impropriety in criminal cases |
16. Strategic Considerations for Litigants
- Before filing, ensure that no appeal lies. Filing a revision where an appeal is available may lead to dismissal.
- Emphasize jurisdictional errors and material irregularities rather than factual disputes.
- In borderline cases where Section 115 CPC may not apply, consider filing a writ petition under Article 227.
- Always be mindful of the limitation period.
17. Commonly Asked Questions
Q1. Can a District Court entertain a civil revision?
No. Civil revision jurisdiction is vested exclusively in the High Court under Section 115 CPC.
Q2. Can every interlocutory order be challenged in revision?
No. Only those orders that would have finally disposed of the case if decided differently can be challenged after the 2002 amendment.
Q3. If revision is not maintainable, what remedy is available?
The party can approach the High Court under Article 227 of the Constitution for supervisory jurisdiction.
Q4. What if the order is appealable?
If the order is appealable, a revision petition will not lie. The party must file an appeal.
18. Case Study Example
Suppose a trial court rejects an application under Order VII Rule 11 CPC (Rejection of Plaint). If allowed, it would have ended the suit. In such a case, the defendant may file a civil revision directly in the High Court under Section 115 CPC, as no appeal lies and the order involves a jurisdictional issue.
However, if the trial court merely passes an interim order granting an adjournment, a revision petition would not lie because the order does not finally dispose of the case.
19. Conclusion
In civil matters, a party can file a revision petition directly in the High Court under Section 115 of the CPC, 1908. District Courts or Sessions Courts do not have revisional powers in civil cases. This is because the legislature has vested revisional jurisdiction exclusively in the High Court to ensure uniformity and higher-level supervision over civil courts.
However, the scope of such revisions has been curtailed by amendments, and revisions are now maintainable mainly against orders that finally dispose of proceedings. Where revision is barred or limited, a litigant may still seek remedy under Article 227 of the Constitution.
Thus, while the High Court is the proper and exclusive forum for civil revisions, litigants must carefully assess the maintainability, limitation period, and grounds of revision before filing to avoid dismissal.
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