Revision

  1. Meaning of Revision
    Revision refers to the power of a superior court to examine the correctness, legality or propriety of any order passed by a subordinate court.
  2. Statutory Provision
    Section 115 of the Code of Civil Procedure, 1908 provides for revision and empowers the High Court to exercise revisional jurisdiction in appropriate cases.
  3. Nature of Revisional Jurisdiction
    The revisional jurisdiction of the High Court is supervisory in nature. It is exercised to ensure that subordinate courts act within their jurisdiction and follow proper legal procedure.
  4. Conditions for Exercise of Revision
    The High Court can exercise its revisional jurisdiction only when the following conditions are satisfied:
    1. The case must have been decided by a subordinate court.
    2. The court passing the order must be subordinate to the High Court.
    3. The order must not be appealable, i.e., no appeal lies against such order.
    4. The subordinate court must have:
      1. Exercised jurisdiction not vested in it by law; or
      2. Failed to exercise jurisdiction vested in it; or
      3. Acted illegally or with material irregularity in exercising its jurisdiction.
  5. Scope of Revision
    The power of revision is discretionary and limited. It cannot be exercised as an appellate power and is generally used to correct jurisdictional errors.
  6. Limitation Period
    An application for revision is generally required to be filed within ninety days from the date of the order.
  7. Important Note
    Revision is not a substitute for appeal and cannot be used to re-examine findings of fact unless there is a jurisdictional error.

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TheLegalLearners Team

For educational and informational purposes only.

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