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) — involves strict procedural compliance. The High Court Registry scrutinizes every petition and may reject or return it if the prescribed documents are missing.
The direct answer is: a revision petition in the High Court must be accompanied by certified copies of the impugned order/judgment, copies of pleadings and evidence from the lower court, an affidavit verifying the facts, Vakalatnama or party-in-person declaration, requisite court fees, and any applications for interim relief or condonation of delay.
This article explains in detail every document typically required, the legal provisions, practical tips for preparation, and frequently asked questions.
1. Understanding the Nature of a Revision Petition
A revision petition is not an appeal; it is a supervisory jurisdiction exercised by the High Court to ensure that subordinate courts have not acted beyond jurisdiction or in material irregularity. Because of its limited scope, the petition must focus on the legality and propriety of the order rather than re-examination of facts.
Given its technical nature, the High Court insists on a full documentary record of what happened before the lower court to determine whether jurisdictional or procedural errors exist.
2. Statutory Provisions Governing Revision Petitions
2.1 Civil Revision Petitions
- Section 115 CPC – empowers High Courts to call for the record of any case decided by a subordinate court to satisfy itself about the correctness, legality, or propriety of any order.
- Order XLVI CPC (Reference to High Court) and High Court Rules also affect the procedure.
2.2 Criminal Revision Petitions
- Sections 397–401 CrPC – empower High Courts (and Sessions Courts) to call for and examine records of any criminal proceeding.
- Section 399 CrPC – revisional powers of Sessions Judge.
Because these provisions empower the High Court to call for the “record,” the petition must contain sufficient documentation for the court to exercise its powers.
3. Categories of Documents Required
The documents can be broadly classified into:
- Core Documents – Mandatory for maintainability.
- Supporting Documents – Strengthen the case.
- Procedural Documents – Ensure compliance with High Court Rules.
Let’s examine each category in detail.
4. Core Documents Required for Filing a Revision Petition
4.1 Certified Copy of the Impugned Order / Judgment
This is the single most important document. Without it, the High Court cannot ascertain what is being challenged.
- Must be a certified copy issued by the lower court.
- Should include the full text of the order/judgment with annexures, if any.
- If the order has multiple parts (for example, main order plus interim orders), attach all.
For civil revision petitions, this could be an order rejecting an application under Order VII Rule 11 CPC, or an interlocutory order. For criminal revision petitions, it could be an order granting or refusing bail, framing charges, dismissing a discharge application, or awarding maintenance.
4.2 Copies of Pleadings and Applications Filed Before the Lower Court
The High Court reviews whether the lower court acted within jurisdiction. Therefore, it needs:
- Copy of the plaint, written statement, application, or complaint.
- Copies of interlocutory applications relevant to the order.
- Replies or objections filed by the opposite party.
These documents show the context of the impugned order.
4.3 Copies of Evidence or Exhibits (if relevant)
If the revision petition challenges an order based on certain evidence or exhibits, attach:
- Affidavits filed in the lower court.
- Witness statements or deposition extracts.
- Exhibits marked in evidence.
While full trial records are not mandatory at the time of filing, relevant extracts should be annexed. The High Court can call for the original record if needed.
4.4 Memo of Parties / Cause Title
A formal Memo of Parties listing names, addresses, and descriptions of the petitioner(s) and respondent(s) is required.
- Must match the parties’ description in the lower court.
- Include age, father’s/husband’s name, and complete addresses for service of notice.
4.5 Affidavit Verifying the Petition
Every revision petition must be supported by an affidavit of the petitioner or an authorized person:
- Must state that the contents of the petition are true and correct.
- Must be notarized or sworn before an Oath Commissioner.
- Must indicate the deponent’s relationship to the case.
4.6 Vakalatnama / Party-in-Person Declaration
If the petitioner is represented by an advocate:
- File a Vakalatnama signed by the client and the lawyer.
- Attach the lawyer’s enrolment number and welfare stamp (as per state rules).
If appearing in person:
- File a party-in-person declaration seeking permission to argue without a lawyer.
4.7 Court Fee / Stamps
Revision petitions attract court fees prescribed by state laws and High Court rules.
- Pay the correct fee using court fee stamps or e-payment.
- In criminal revisions, many states levy nominal or no court fee, but still require process fees.
5. Supporting Documents
5.1 Application for Stay / Interim Relief
If the petitioner wants to stay the operation of the impugned order (for example, stay of execution, stay of sentence, or stay of eviction), file:
- Separate application titled “Application for Stay.”
- Supporting affidavit explaining urgency and irreparable loss.
- Annex supporting documents like medical records, financial hardship certificates, or other evidence.
5.2 Application for Condonation of Delay (if applicable)
If the revision petition is filed after the limitation period:
- File an application under Section 5 of the Limitation Act seeking condonation of delay.
- Support it with an affidavit explaining the reasons for delay.
- Attach relevant proof (hospital records, travel records, etc.).
5.3 Copies of Previous Orders / Appellate Orders
If the matter has a long procedural history, attach:
- Orders of appellate or revisional courts passed earlier.
- Notices issued by the lower court.
5.4 Index and List of Dates
Most High Courts require:
- Index of Documents in chronological order.
- List of Dates and Events summarizing the case history.
6. Procedural Documents Required Under High Court Rules
6.1 Synopsis and List of Citations
Some High Courts ask for a synopsis of arguments and list of judgments relied upon.
6.2 Typed Copies
If any document is hand-written or illegible, file typed copies duly attested.
6.3 Service Copies
Provide extra copies of the petition and annexures for service to each respondent.
6.4 Pagination and Binding
- Paginate all documents sequentially.
- Bind or file them as per High Court filing guidelines.
7. Step-by-Step Filing Checklist
Here’s a step-by-step checklist combining all the above documents:
- Draft the revision petition (civil or criminal).
- Prepare the memo of parties.
- Obtain certified copies of the impugned order/judgment.
- Compile pleadings and relevant evidence.
- Draft and sign the supporting affidavit.
- Prepare Vakalatnama or party-in-person application.
- Pay court fee as prescribed.
- If seeking interim relief, draft stay application and affidavit.
- If delayed, draft condonation of delay application.
- Prepare index, list of dates, and extra copies.
- File all documents in the High Court registry.
- Respond to scrutiny objections if raised.
8. Practical Tips for Preparing Documents
- Obtain Certified Copies Early: Delay in obtaining certified copies can affect limitation periods.
- Ensure Consistency: Names and addresses should match throughout all documents.
- Follow High Court Formatting: Check your High Court’s website for updated filing formats.
- Attach Proof of Service: Some High Courts require proof that you served advance notice to the respondent.
- Use Proper Affidavits: Affidavits should be on stamped paper where required and properly notarized.
- Bind Documents: Use file covers or spiral binding as instructed by the registry.
9. Difference Between Documents in Civil and Criminal Revision Petitions
| Aspect | Civil Revision Petition | Criminal Revision Petition |
|---|---|---|
| Certified Copy | Order/Judgment of Civil Court | Order/Judgment of Criminal Court (e.g., bail order, maintenance order) |
| Pleadings | Plaint, Written Statement, Interlocutory Applications | Complaint, FIR, Charge Sheet Extracts, Applications under CrPC |
| Court Fee | Usually higher as per State Court Fees Act | Usually nominal or no fee |
| Interim Relief Application | Stay of execution or operation of order | Suspension of sentence, stay of proceedings |
10. Case Law on Documentation in Revision Petitions
- Shiv Shakti Coop Housing Society v. Swaraj Developers (2003) 6 SCC 659 – emphasized the limited scope of Section 115 CPC; petitions must include sufficient record for scrutiny.
- Aundal Ammal v. Sadasivan Pillai (1987) 1 SCC 183 – High Court cannot act without examining the record of the lower court.
- State of Kerala v. Puttumana Illath Jathavedan Namboodiri (1999) 2 SCC 452 – In criminal revisions, High Courts examine only legality and propriety, requiring full records.
These judgments show that proper documentation is essential for the High Court to exercise its revisional powers.
11. Consequences of Incomplete Documentation
- The Registry may return the petition for re-filing.
- The Court may dismiss it at the admission stage for lack of material.
- Interim relief may be refused due to lack of supporting documents.
- Limitation period may lapse during correction, requiring condonation applications.
12. Legal Aid for Document Preparation
If a petitioner cannot afford a lawyer, they may approach the State Legal Services Authority (SLSA) or High Court Legal Services Committee for free legal aid. These bodies help in drafting, collecting documents, and filing revision petitions.
13. Conclusion
To file a revision petition in the High Court, you must submit a comprehensive set of documents including a certified copy of the impugned order/judgment, copies of pleadings and relevant evidence, an affidavit verifying the petition, Vakalatnama or party-in-person declaration, court fees, and any applications for interim relief or condonation of delay.
The High Court’s revisional jurisdiction depends on the record of the lower court, so providing complete and accurate documentation is crucial. Whether in civil or criminal matters, missing documents can lead to delays or dismissal.
Always check your particular High Court’s website or registry for the latest procedural requirements, as these can vary from state to state. If you’re unsure, legal aid services or professional advocates can assist in compiling and filing the documents properly.
14. Frequently Asked Questions (FAQs)
Q1. What is the most essential document for a revision petition?
A certified copy of the impugned order/judgment of the lower court is absolutely essential.
Q2. Do I need to file the entire trial record?
No, only relevant pleadings and evidence extracts are needed at the filing stage. The High Court can call for the complete record if necessary.
Q3. Is an affidavit mandatory?
Yes. Every revision petition must be verified by an affidavit sworn before an Oath Commissioner or Notary Public.
Q4. Can I file a revision petition without a Vakalatnama?
Yes, if you appear as party-in-person. Otherwise, a Vakalatnama is mandatory for advocates.
Q5. Is there a standard court fee for revision petitions?
Court fees vary by state. Civil revisions generally have higher fees than criminal revisions, which often have nominal fees.
Q6. What if my revision petition is filed after the limitation period?
You must file an application for condonation of delay with supporting proof.
Q7. Do I need to file extra copies of the petition?
Yes. Most High Courts require at least one copy for each respondent, plus a set for the court.
Q8. What happens if a document is illegible or handwritten?
Provide a typed copy duly attested as a true copy along with the original.
Q9. Can I file electronically?
Many High Courts have e-filing systems. The same documents must be uploaded in PDF format.
Q10. Can I get free help with document preparation?
Yes, through the High Court Legal Services Committee or State Legal Services Authority if you meet eligibility criteria.
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