One of the most frequently asked questions by litigants and lawyers alike is whether a High Court can convert a revision petition into an appeal. This doubt arises because sometimes a party mistakenly files a revision when an appeal actually lies or vice versa. The distinction between an appeal and a revision is fundamental under Indian procedural law, but the High Court’s discretion and powers in such matters need careful examination.
The direct answer to your question is: the High Court cannot automatically convert a revision into an appeal as of right, but in certain circumstances, it may treat a revision as an appeal or vice versa in the interest of justice, especially if the filing was bona fide and the requirements of limitation and court fees are satisfied.
Let us discuss this in full detail.
1. Appeal vs. Revision – A Quick Recap
Before discussing conversion, it is important to understand the difference:
- Appeal: A statutory right given to a party to challenge a decree or order of a lower court. It allows re-examination of facts, law, and evidence. Appeals are governed under Sections 96, 100, and 104 and Orders 41–43 of the CPC (for civil cases) and Chapter XXIX of CrPC (for criminal cases).
- Revision: A discretionary supervisory jurisdiction of the High Court under Section 115 CPC (civil) and Sections 397–401 CrPC (criminal). It is not a matter of right and is confined to jurisdictional or material irregularity errors.
The procedural nature of the two remedies is therefore very different.
2. Statutory Basis for Conversion
The CPC and CrPC do not expressly provide for conversion of a revision petition into an appeal. However, courts in India have relied on Section 151 CPC (inherent powers) and Article 227 of the Constitution to do so in suitable cases.
This judicial practice is based on the principle that substance prevails over form. If a litigant, due to ignorance or clerical mistake, files a revision where an appeal lies, the High Court may, in the interest of justice, treat it as an appeal rather than dismiss it outright — provided that statutory requirements of limitation, court fees, and maintainability are met.
3. Situations Leading to Conversion
Some common scenarios where such conversion may be sought:
- A party files a revision under Section 115 CPC challenging an order which is actually appealable under Order 43 CPC.
- A party files a civil appeal against an order which is only revisable under Section 115 CPC.
- A party files a criminal revision where a criminal appeal lies under Sections 374–378 CrPC.
4. Judicial Precedents on Conversion
Over decades, Indian courts have evolved principles on conversion:
- Hari Shankar v. Rao Girdhari Lal Chowdhury (AIR 1963 SC 698): The Supreme Court drew a clear distinction between appeal and revision but did not rule out the possibility of conversion in appropriate cases.
- Ram Kishan Fauji v. State of Haryana (2017) 5 SCC 533: This judgment reinforced the principle that the High Court has wide supervisory powers under Article 227 and may correct errors, but it cannot bypass statutory requirements.
- Thakur Das v. State of M.P. (AIR 1978 SC 1222): The Supreme Court observed that the High Court should not summarily dismiss a revision if it could be treated as an appeal filed in time.
- M/s. Shankar Ramchandra Abhyankar v. Krishnaji Dattatraya Bapat (AIR 1970 SC 1): This judgment clarified the scope of High Court powers under Article 227, Section 115 CPC, and its appellate jurisdiction, implying that the High Court can adopt a flexible approach to avoid multiplicity of proceedings.
Thus, while there is no automatic conversion, the judiciary recognizes that rigid insistence on form can defeat substantive justice.
5. Requirements for Conversion
If a party wants the High Court to convert a revision into an appeal, the following must be satisfied:
- Limitation: The revision petition must have been filed within the limitation period prescribed for an appeal. If not, the party must seek condonation of delay under Section 5 of the Limitation Act.
- Court Fees: The party must pay the court fee applicable to an appeal. If a lower fee was paid for revision, the deficiency must be made good.
- Competent Forum: The High Court must be the correct forum for the appeal as per law.
- Bona Fide Mistake: The filing of revision instead of appeal must be a genuine mistake, not an attempt to bypass procedure.
- Grounds of Appeal Present: The memorandum of revision should disclose sufficient grounds that could support an appeal.
6. High Court’s Powers under Section 151 CPC
Section 151 CPC reserves inherent powers for courts to make such orders as may be necessary for the ends of justice or to prevent abuse of process. This provision has been invoked by the High Courts to convert revisions into appeals:
- This is discretionary, not mandatory.
- The power is exercised sparingly and only when refusing to do so would result in grave injustice.
For example, if a party files a revision against a decree of the trial court that is appealable under Section 96 CPC and the limitation period for appeal is still running, the High Court may, instead of dismissing the revision, direct that it be treated as an appeal upon payment of appropriate court fees.
7. High Court’s Powers under Article 227
Even if the High Court cannot formally convert the revision into an appeal, it can still exercise its supervisory jurisdiction under Article 227 to correct jurisdictional errors of lower courts. This constitutional power acts as a safety net for litigants.
8. Difference in Scope after Conversion
Once a revision is treated as an appeal:
- The High Court gains wider powers: it can reappraise evidence, review findings of fact, and apply a broader standard of review.
- The matter is decided on merits of the appeal, not the limited grounds of revision.
- Procedural requirements of appeal (Order 41 CPC, appellate court fees, notices to parties, etc.) must be followed.
9. Criminal Cases – Conversion of Revision to Appeal
The same principles apply in criminal matters under Sections 397–401 CrPC. If a revision is filed where an appeal under Section 374 or 378 CrPC lies, the High Court can, in appropriate cases, treat it as an appeal provided the limitation and statutory requirements are met.
The Supreme Court in P.S. Rajya v. State of Bihar (1996) 9 SCC 1 indicated that such procedural flexibility is permissible to advance justice.
10. Consequences if Conversion Is Not Allowed
If the High Court refuses to convert a revision into an appeal:
- The party may have to file a fresh appeal, possibly with an application for condonation of delay.
- This can lead to multiplicity of proceedings and increased costs.
- However, courts often take a liberal view to avoid such hardship if the mistake was bona fide.
11. Practical Tips for Lawyers and Litigants
- Identify the remedy correctly before filing — check whether the order is appealable under Order 43 CPC or revisable under Section 115 CPC.
- Mention an alternative prayer in your petition that if the court finds the revision not maintainable, it may treat it as an appeal.
- File within limitation and pay proper court fee to preserve the option of conversion.
- Avoid forum shopping: Courts are more sympathetic when the mistake is genuine.
12. Limitations on High Court’s Power
Despite its inherent powers, the High Court:
- Cannot extend limitation automatically.
- Cannot waive court fees unless permitted by law.
- Cannot ignore statutory bars to appeal.
- Cannot convert revision into appeal if it would prejudice the other party’s rights (e.g., limitation expired).
13. Case Study Illustration
Suppose a trial court passes an order rejecting a plaint under Order 7 Rule 11 CPC. This is an order appealable under Order 43 Rule 1(a). A litigant mistakenly files a revision under Section 115 CPC.
The High Court, upon realizing the error, may allow the revision to be treated as an appeal because:
- An appeal lay under Order 43 Rule 1(a).
- The revision was filed within the appeal’s limitation period.
- The court fee can be adjusted.
- The grounds raised are sufficient for an appeal.
This avoids dismissing the revision and forcing the party to file a fresh appeal.
14. Frequently Asked Questions (FAQs)
Q1. Does the CPC explicitly allow conversion of a revision into an appeal?
No. There is no express provision, but courts rely on inherent powers and the principle of substantive justice.
Q2. Can a High Court convert a criminal revision into a criminal appeal?
Yes, in suitable cases, especially when the revision was filed within the appeal’s limitation period and the statutory requirements are satisfied.
Q3. What happens to limitation if a revision is filed instead of an appeal?
If the High Court allows conversion, limitation is preserved from the date of filing the revision. If conversion is refused, you must file an appeal separately and seek condonation of delay.
Q4. Can the High Court do the opposite — convert an appeal into a revision?
Yes, the High Court may also treat an appeal as a revision if no appeal lies but the grounds satisfy Section 115 CPC.
Q5. Is the conversion automatic or discretionary?
It is purely discretionary. The High Court examines each case on its own facts.
15. Constitutional Context
Articles 226 and 227 of the Constitution grant the High Court supervisory and corrective powers over all courts and tribunals within its territory. Even if strict conversion is not possible, the High Court can exercise these powers to grant relief akin to what an appeal would have provided.
16. Importance of Substantive Justice
The Indian judicial system prioritizes substance over technicalities. The Supreme Court in Sangram Singh v. Election Tribunal (AIR 1955 SC 425) emphasized that procedural rules are handmaids of justice, not its mistress. Thus, where a party files a wrong proceeding but the relief sought is legitimate, courts lean toward curing the defect rather than penalizing the litigant.
17. Conclusion
To conclude, the High Court does not have an automatic statutory power to convert a revision petition into an appeal, but it can exercise its inherent powers under Section 151 CPC or its constitutional supervisory powers under Article 227 to treat a revision as an appeal or vice versa in suitable cases. This power is discretionary, exercised to prevent miscarriage of justice, and subject to conditions like limitation, court fees, bona fide mistake, and maintainability.
This flexibility is a safeguard for litigants who may inadvertently choose the wrong remedy but whose substantive grievance deserves adjudication on merits. However, it is always advisable to identify the proper forum and remedy before filing to avoid procedural complications.
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