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Specimen Revision Petition — Format Under Section 115 CPC 2026

Specimen revision petition format under Section 115 CPC. When to file, grounds, High Court jurisdiction, limitation, distinction from appeal.

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Last updated: March 2026Verified against: Government sources

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

IN THE HIGH COURT OF AT

CIVIL REVISION PETITION NO. _____ OF 20XX

Under Section 115 of the Code of Civil Procedure, 1908

..... PETITIONER | vs | ..... RESPONDENT

REVISION AGAINST THE ORDER DATED PASSED BY THE IN

1. This Revision Petition is filed against the order dated passed by the in whereby the learned court .

2. Brief Facts: .

3. Grounds for Revision:

(a) The learned court has exercised jurisdiction NOT VESTED in it by .

(b) The learned court FAILED TO EXERCISE jurisdiction by .

(c) The learned court acted with MATERIAL IRREGULARITY by .

(d) The order is ILLEGAL -- contrary to .

PRAYER: The Petitioner prays that this Court: (a) call for the records of , (b) set aside the impugned order dated , (c) pass such order as this Court may deem fit.

Verification + Affidavit attached

Revision vs Appeal

FeatureRevision (Section 115)Appeal (Section 96/100)
ScopeJurisdictional errors onlyFacts + law (first appeal); law only (second appeal)
CourtHigh Court onlyDistrict Court / High Court
AgainstOrders (interlocutory -- not decrees typically)Decrees and certain orders (Order 43)
Re-examinationNo re-examination of factsFull re-examination (first appeal)
NatureSupervisory (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.

Quick recapKey facts & short answers

Key Facts About Specimen Revision Petition --

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes Specimen Revision Petition -- end to end for you.

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.

Keep the acknowledgement. A filing you cannot prove is a filing you may have to defend.

— TaxClue Compliance Desk

Specimen Revision Petition --: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

READY DRAFTRevision Petition — Format Under Section 115 CPC

A civil revision to the High Court under Section 115 CPC against a subordinate court's order suffering from a jurisdictional error, where no appeal lies.

          IN THE HON'BLE HIGH COURT OF [State] AT [City]
              (CIVIL REVISIONAL JURISDICTION)

              Civil Revision Petition No. ______ of 2026

[Name of Petitioner], S/o [___],
r/o [Full Address]                                  ... PETITIONER
    (Defendant before the Trial Court)

                           VERSUS

[Name of Respondent], S/o [___],
r/o [Full Address]                                  ... RESPONDENT
    (Plaintiff before the Trial Court)

REVISION PETITION UNDER SECTION 115 OF THE CODE OF CIVIL PROCEDURE,
1908, AGAINST THE ORDER DATED [DD/MM/YYYY] PASSED BY THE LEARNED
[Civil Judge], [City], IN CIVIL SUIT NO. ____ OF 20__.

MOST RESPECTFULLY SHOWETH:

1.  That the Petitioner is the Defendant and the Respondent is the
    Plaintiff in Civil Suit No. ____ of 20__ pending before the
    learned [Civil Judge], [City].

2.  That by the impugned Order dated [DD/MM/YYYY], the learned Trial
    Court [allowed the Respondent's application under Order __ Rule
    __ / rejected the Petitioner's application], a certified copy of
    which is annexed as Annexure P-1.

3.  That no appeal lies against the said Order, and the Petitioner
    has no other equally efficacious remedy except to invoke the
    revisional jurisdiction of this Hon'ble Court.

4.  That the impugned Order suffers from a jurisdictional error in
    that the learned Trial Court has [exercised a jurisdiction not
    vested in it by law / failed to exercise a jurisdiction so
    vested / acted with material irregularity in the exercise of its
    jurisdiction] within the meaning of Section 115 CPC.

GROUNDS

 (a) Because the learned Trial Court acted illegally and with
     material irregularity in [___].
 (b) Because the impugned Order, if allowed to stand, would occasion
     a failure of justice / cause irreparable injury to the
     Petitioner.
 (c) Because the finding in the impugned Order is contrary to the
     record and to the settled position of law.
 (d) Because [any other ground, with leave to add].

                          PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court
may be pleased to:

 (a) call for the records of Civil Suit No. ____ of 20__ from the
     Court of the learned [Civil Judge], [City];
 (b) set aside the impugned Order dated [DD/MM/YYYY] (Annexure P-1);
 (c) stay the further proceedings in the said suit during the
     pendency of this petition; and
 (d) pass such other order as this Hon'ble Court may deem fit.

                                          [Name of Petitioner]
Place: [City]                             Through Counsel
Date : [DD/MM/2026]                       [Name of Advocate], Advocate

                       VERIFICATION

I, [Name of Petitioner], the above-named Petitioner, do hereby verify
that the contents of paragraphs 1 to 4 and the grounds are true to my
knowledge and belief, and nothing material has been concealed.

Verified at [City] on this [__] day of [Month], 2026.

                                          ____________________
                                              PETITIONER
▸ How to use & important notes
  • Revision under Section 115 CPC lies only for a jurisdictional error — the court exercising jurisdiction not vested, failing to exercise it, or acting with material irregularity — and not for mere errors of fact or law.
  • After the 1999/2002 amendment, a revision is entertainable only where the order, if it had been made in favour of the applicant, would have finally disposed of the suit; otherwise the remedy is often Article 227.
  • File within the limitation of 90 days (Article 131, Limitation Act 1963) with a certified copy of the impugned order; pay the prescribed court fee and file a stay application separately.
  • Where an appeal lies, revision is barred — check first whether the order is appealable under Order XLIII CPC.

Disclaimer: This is a general-purpose template for reference only. Facts, figures, stamp duty and clauses vary with your situation and state law — have it reviewed before use. Need this professionally drafted, stamped and filed? Talk to a TaxClue expert.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 5 questions readers ask most on this topic.

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.

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.

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.

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.

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.