One of the most important questions litigants and lawyers face when filing a revision petition in the High Court is whether interim relief — such as a stay order, injunction, or suspension of the impugned order — can be sought pending the disposal of the revision petition. The direct answer is: Yes, interim relief can be sought in a revision petition in the High Court, although it is not automatically granted. The High Court, by virtue of its inherent and supervisory powers under the Code of Civil Procedure (CPC), the Code of Criminal Procedure (CrPC), and constitutional jurisdiction, has the discretion to grant interim relief if it finds sufficient grounds to do so in the interest of justice.
In this detailed article, we will examine the legal framework, the nature of interim relief in revision petitions (both civil and criminal), important case law, the procedure to apply for interim relief, and the limitations imposed by the courts.
1. Understanding Revision Petitions in the High Court
Before addressing interim relief, it is essential to understand the nature of revision petitions.
- Civil Revision Petition: Filed under Section 115 of the CPC when no appeal lies and the subordinate court has acted illegally, with material irregularity, or without jurisdiction.
- Criminal Revision Petition: Filed under Sections 397 to 401 of the CrPC to challenge the legality or propriety of an order passed by a subordinate criminal court.
Revision jurisdiction is supervisory, not appellate. The High Court does not rehear the case on merits but examines legality, propriety, and jurisdictional correctness.
Because revision is a supervisory remedy, the question arises — can interim relief be granted at all, since the court is not “hearing” the case like an appeal? The answer lies in the discretionary and inherent powers vested in High Courts.
2. Concept of Interim Relief
Interim relief is a temporary order passed by the court to maintain the status quo or prevent irreparable harm until the final decision of the case. It can take many forms:
- Stay of operation of the impugned order
- Suspension of sentence or fine (in criminal matters)
- Interim injunction or direction to maintain status quo (in civil matters)
- Direction to parties not to alienate property or disturb possession
- Order to maintain certain records, accounts, or processes
Interim relief protects the rights of the parties while the court examines the matter. Without interim relief, the revision petition itself may become infructuous.
3. Statutory Basis for Interim Relief in Revision Petitions
3.1 Civil Revision Petitions (Section 115 CPC)
- Section 115 CPC does not expressly mention interim relief.
- However, High Courts have consistently exercised their inherent powers under Section 151 CPC to grant interim relief in revision petitions.
- These powers are used to secure the ends of justice and prevent abuse of process of court.
For example, if a trial court wrongly rejects an application under Order XXXIX Rules 1 & 2 CPC for temporary injunction and no appeal lies, the aggrieved party may file a revision and seek a stay of the trial court’s order or status quo as an interim relief.
3.2 Criminal Revision Petitions (Sections 397–401 CrPC)
- Section 397(1) CrPC expressly allows the High Court or Sessions Judge to “call for and examine” the records of the case to satisfy itself about the correctness or legality of any finding, sentence, or order.
- Section 401 CrPC gives the High Court all the powers of an appellate court, including powers to suspend sentence or stay proceedings temporarily.
- In practice, the High Court frequently grants interim relief in criminal revisions — e.g., staying the execution of a sentence, suspending a fine, or staying the operation of an interim order passed by a Magistrate.
3.3 Constitutional and Inherent Powers
- High Courts enjoy inherent powers under Section 482 CrPC (criminal) and Section 151 CPC (civil) to pass such orders as may be necessary to secure the ends of justice.
- Article 227 of the Constitution gives the High Court supervisory powers over subordinate courts and tribunals.
- Under these powers, interim relief can be passed to prevent injustice even if not expressly mentioned in the statutes.
4. Judicial Approach: Case Law on Interim Relief in Revision Petitions
4.1 Civil Matters
- Shiv Shakti Coop. Housing Society v. Swaraj Developers (2003) 6 SCC 659: The Supreme Court explained the scope of Section 115 CPC and affirmed that High Courts have limited revisional powers, but inherent powers under Section 151 CPC remain intact.
- Shyam Sunder v. Ram Kumar (2001) 8 SCC 24: The Court reiterated that while revisional jurisdiction is limited, interim orders to preserve status quo can be passed to prevent the revision from becoming infructuous.
4.2 Criminal Matters
- Amar Nath v. State of Haryana (1977) 4 SCC 137: The Supreme Court clarified that High Courts under Section 397 CrPC can stay the proceedings or execution of an order pending revision.
- Krishnan v. Krishnaveni (1997) 4 SCC 241: The Court recognized that revisional powers of High Courts include the power to grant interim relief to prevent abuse of process or miscarriage of justice.
These cases firmly establish that High Courts may grant interim relief in revision petitions to maintain status quo or protect the rights of parties pending decision.
5. Types of Interim Relief Commonly Granted in Revision Petitions
5.1 In Civil Revision Petitions
- Stay of Execution of Decree: Where a decree is challenged in revision, the High Court may stay its execution.
- Status Quo Orders: The High Court may order the parties to maintain the current status of property or rights.
- Stay of Proceedings in Lower Court: If the continuation of the trial would cause prejudice, the High Court may stay the trial.
- Restraint on Transfer of Property: To prevent alienation or encumbrance pending revision.
5.2 In Criminal Revision Petitions
- Suspension of Sentence: The High Court may suspend a sentence of imprisonment or fine pending revision.
- Stay of Conviction (Rare): In extraordinary circumstances, the High Court may stay the conviction itself, especially where it affects employment or public office.
- Stay of Trial Court Orders: Such as orders issuing process, attachment of property, or interim maintenance orders under Section 125 CrPC.
- Stay of Proceedings: To prevent unnecessary harassment or parallel proceedings.
6. Conditions for Grant of Interim Relief
High Courts apply well-settled principles while deciding applications for interim relief:
- Prima Facie Case: The petitioner must show that there is a serious question to be tried and that the revision petition is maintainable.
- Irreparable Injury: Without interim relief, the petitioner would suffer irreparable harm or the revision would become meaningless.
- Balance of Convenience: The harm to the petitioner if relief is refused must outweigh the harm to the respondent if relief is granted.
- Clean Hands: The petitioner must come with clean hands and full disclosure of facts.
If these conditions are not satisfied, the High Court may refuse interim relief even if it entertains the revision petition.
7. Procedure for Seeking Interim Relief in a Revision Petition
- File a Separate Application Along with the Revision Petition:
- In civil matters, often titled as an “Application under Section 151 CPC seeking stay/interim relief.”
- In criminal matters, often titled as an “Application under Section 397/401 read with Section 482 CrPC seeking stay/interim relief.”
- Support with an Affidavit:
The affidavit should clearly state the facts necessitating interim relief, such as the risk of alienation of property, execution of decree, or incarceration. - Annex Relevant Documents:
Attach the impugned order and other material documents to show urgency and grounds for stay. - Seek Ex-Parte Relief if Urgent:
If the matter is urgent, the High Court may grant ad interim stay even without hearing the opposite party, subject to later confirmation. - Comply with Conditions:
The High Court may impose conditions such as furnishing security, depositing money, or undertaking not to alienate property.
8. Limitations and Cautions
- Interim Relief Not Automatic: Filing a revision petition does not automatically stay the operation of the impugned order. A separate stay application must be filed.
- No Final Relief at Interim Stage: The High Court will not grant interim relief that amounts to allowing the revision petition itself.
- Respect for Lower Court Orders: The High Court will be cautious not to unduly interfere with ongoing proceedings unless compelling reasons exist.
- Delay and Conduct: Unexplained delay in approaching the High Court weakens the case for interim relief.
9. Strategic Advice for Litigants and Lawyers
- Always plan for interim relief while drafting a revision petition.
- Clearly demonstrate urgency, irreparable harm, and maintainability.
- Avoid exaggeration; focus on the legal and factual errors in the impugned order.
- If seeking suspension of sentence in a criminal revision, show compliance with bail conditions and good conduct.
- In civil matters, propose reasonable undertakings (e.g., not alienating property) to satisfy the court’s conscience.
10. Conclusion
To conclude, interim relief can indeed be sought in a revision petition in the High Court, both in civil and criminal matters, although it is not automatic and depends on the discretion of the court. The High Court exercises this power either under its inherent jurisdiction (Section 151 CPC and Section 482 CrPC) or under its revisional powers (Section 115 CPC and Sections 397–401 CrPC). The object of granting interim relief in revision petitions is to preserve the subject matter of the litigation, maintain status quo, and prevent the revision petition from becoming infructuous.
However, interim relief is always discretionary. The petitioner must demonstrate a prima facie case, irreparable harm, and a balance of convenience. Moreover, interim relief cannot be used to indirectly achieve what could not be achieved directly at trial — it is a protective measure, not a substitute for the final relief.
Thus, while drafting or defending a revision petition, it is critical to understand the scope and limitations of interim relief to effectively safeguard your client’s interests.
11. Frequently Asked Questions (FAQs)
Q1. Is interim relief automatic when a revision petition is filed?
No. Filing a revision petition does not automatically stay the operation of the impugned order. A separate stay/interim application must be filed and allowed by the High Court.
Q2. Can the High Court suspend a sentence in a criminal revision petition?
Yes. Under Sections 397–401 CrPC, read with Section 482 CrPC, the High Court may suspend a sentence or stay execution of the order pending revision.
Q3. Can interim relief be granted in civil revision petitions under Section 115 CPC?
Yes. Though Section 115 CPC does not mention it explicitly, the High Court can grant interim relief under its inherent powers (Section 151 CPC) to secure the ends of justice.
Q4. What conditions do courts impose while granting interim relief?
Courts may require furnishing security, depositing part of the amount in dispute, giving undertakings, or maintaining status quo as conditions for interim relief.
Q5. Can the High Court grant interim relief ex parte in a revision petition?
Yes, in urgent cases the High Court may grant ad interim relief without hearing the opposite party, but it will issue notice for confirmation of the order.
Q6. Does the Sessions Court also have power to grant interim relief in criminal revision petitions?
Yes. Under Section 397 CrPC, the Sessions Judge has similar powers as the High Court in criminal revisions, including granting interim relief.
Q7. Can interim relief amount to final relief?
No. Interim relief is temporary and cannot substitute or pre-judge the final decision in the revision petition.
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