What Is a Revision Petition?
Under Section 115 CPC: the High Court may call for the record of any case decided by a subordinate court and revise the order if the subordinate court: (a) exercised jurisdiction NOT vested in it (acted beyond jurisdiction), (b) FAILED to exercise jurisdiction vested in it (refused to exercise jurisdiction), (c) acted in the exercise of jurisdiction ILLEGALLY or with MATERIAL IRREGULARITY. Revision is narrower than appeal -- the High Court does not re-examine facts or evidence. It only checks whether the lower court acted within its jurisdiction and followed correct procedure.
Specimen Revision Petition
[Illustrative format]
IN THE HIGH COURT OF [STATE] AT [CITY]
CIVIL REVISION PETITION NO. _____ OF 20XX
Under Section 115 of the Code of Civil Procedure, 1908
[Petitioner Name] ..... PETITIONER | vs | [Respondent Name] ..... RESPONDENT
REVISION AGAINST THE ORDER DATED [Date] PASSED BY THE [Court Name] IN [Case No.]
1. This Revision Petition is filed against the order dated [Date] passed by the [Civil Judge/District Court] in [Suit/Application No.] whereby the learned court [describe the order -- "rejected the application for temporary injunction" / "allowed the amendment application"].
2. Brief Facts: [Concise summary -- 2-3 paragraphs].
3. Grounds for Revision:
(a) The learned court has exercised jurisdiction NOT VESTED in it by [describe].
(b) The learned court FAILED TO EXERCISE jurisdiction by [describe -- e.g., not considering a relevant statutory provision].
(c) The learned court acted with MATERIAL IRREGULARITY by [describe -- e.g., not granting an opportunity to be heard, not considering material evidence].
(d) The order is ILLEGAL -- contrary to [cite specific provision/precedent].
PRAYER: The Petitioner prays that this Court: (a) call for the records of [Case No.], (b) set aside the impugned order dated [Date], (c) pass such order as this Court may deem fit.
Verification + Affidavit attached
Revision vs Appeal
| Feature | Revision (Section 115) | Appeal (Section 96/100) |
|---|
| Scope | Jurisdictional errors only | Facts + law (first appeal); law only (second appeal) |
| Court | High Court only | District Court / High Court |
| Against | Orders (interlocutory -- not decrees typically) | Decrees and certain orders (Order 43) |
| Re-examination | No re-examination of facts | Full re-examination (first appeal) |
| Nature | Supervisory (checking jurisdiction) | Corrective (correcting errors) |
Limitation
Under Article 131 of the Limitation Act: revision petition must be filed within 90 days from the date of the impugned order. Time for obtaining certified copy: excluded (Section 12). Condonation: available under Section 5 for sufficient cause.
Disclaimer: This article is for informational purposes only and does not constitute legal or professional advice. While every effort has been made to ensure accuracy based on the latest laws and amendments, readers should consult a qualified professional before acting on any information provided. For expert assistance, contact us.
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❓ Frequently Asked Questions
When should revision be filed instead of appeal?
File REVISION (Section 115) when: (1) the order is NOT APPEALABLE -- interlocutory orders not listed in Order 43 cannot be appealed but can be revised, (2) the error is JURISDICTIONAL -- the lower court exceeded or failed to exercise jurisdiction, (3) the order involves MATERIAL IRREGULARITY -- violation of natural justice, not following mandatory procedure. File APPEAL when: (1) a DECREE is passed (final judgment), (2) the order is listed in Order 43 (appealable orders -- injunction, attachment, receiver), (3) you want RE-EXAMINATION of facts and evidence. Revision is NARROWER -- only jurisdictional/procedural errors. Appeal is BROADER -- corrects factual and legal errors.
What are the three grounds for revision under Section 115?
The High Court can revise if the subordinate court: (1) EXERCISED JURISDICTION NOT VESTED -- the court had no jurisdiction (pecuniary, territorial, or subject matter) but proceeded to decide, (2) FAILED TO EXERCISE JURISDICTION -- the court had jurisdiction but refused to decide (declined jurisdiction wrongly), (3) ACTED ILLEGALLY OR WITH MATERIAL IRREGULARITY -- the court had jurisdiction but exercised it wrongly: (a) violated natural justice (no hearing), (b) ignored mandatory statutory provision, (c) acted on irrelevant considerations, (d) ignored relevant evidence. These three grounds are EXHAUSTIVE -- revision cannot be filed on other grounds.
Can the High Court re-examine facts in revision?
Generally NO -- revision is NOT a re-examination of facts. The High Court checks only JURISDICTIONAL and PROCEDURAL correctness. However: the High Court may look at facts to the extent necessary to determine whether: (a) the lower court's findings are PERVERSE (contrary to evidence on record), (b) the lower court IGNORED material evidence, (c) the jurisdictional question itself depends on a factual finding. But the High Court will NOT: re-weigh evidence, re-assess witness credibility, or substitute its own factual findings. For factual re-examination: file an APPEAL, not revision.
What is the limitation for filing revision?
90 DAYS from the date of the impugned order -- Article 131 Limitation Act. Time for obtaining CERTIFIED COPY: excluded (Section 12). Condonation: available under Section 5 for 'sufficient cause.' The period starts from the DATE OF THE ORDER -- not from receipt or knowledge. Best practice: apply for certified copy immediately after the order and file revision promptly. Filing beyond 90 days without condonation application: the revision is TIME-BARRED.
Can revision be filed against an appellable order?
Generally NO -- Section 115 is available only when NO appeal lies. If the order is APPEALABLE (listed in Order 43): the remedy is APPEAL, not revision. The principle: revision is a RESIDUAL remedy -- used only when appeal is not available. However: courts have held that even if appeal lies, revision may be entertained in EXCEPTIONAL circumstances: (a) the appeal would be unduly delayed, (b) the jurisdictional error is fundamental, (c) justice requires immediate intervention. But this exception is narrowly applied.
