REVISION(SECTION-115)-MEANING,OBJECT

Updated: May 20

MEANING- Revision means the action of revising, especially critical or careful examination or perusal with a view to correcting or improving. Revision is the act of examining action in order to remove a defect or grant relief against the irregularly in the exercise of their jurisdiction by a lower court.


OBJECT- the object of section 115 is to prevent the subordinate courts from acting arbitrarily, capricious, and illegally or irregularly in the exercise of jurisdiction. it enables the court to correct, when necessary, errors of jurisdiction committed by the subordinate courts and provides the means to aggrieved the party to obtain rectifications of no- appealable order. The power u/s 115 is intended to meet the ends of justice and where substantial justice has been rendered by the order of the lower court the high court will not interfere


PROVISION U/S- 115-

1- The high court may call for the record of any case which has been decided by any COI subordinate to such High Court and in which no appeal lies thereto, and if subordinate court appears-

a- To have exercised a jurisdictional not vested in it by law, or

b- To have failed to exercise a jurisdiction so vested, or

c- To have acted in the exercise of its jurisdiction legally or with material irregularity, the High court may make such order in the case as it thinks fit.

PROVIDED that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favor of the party applying for revision, would have finally disposed of the suit or other proceedings.

2- The High Court shall not, under this section vary any decree or order against which an appeal lies either to the High court or to any court subordinate thereto.

3- A revision shall not operate as a stay of suit or another proceeding before the court except where such suit or other proceeding is stayed by the High court.

EXPLORATION-

In the section, the expression any case which has been decided includes any order made or any order deciding an issue, in the course of a suit or other proceeding.

PROVISION RELATING TO REVISION IN UP:

For section -115, the following section shall be substituted and be deemed to have been substituted with effect from July 1, 2002, namely :

115 REVISION-

1- A superior court may revise an order passed in a case decided in an original suit or another proceeding by a sub-ordinate court has-

A- Exercised a jurisdiction not vested in by law, or

B- Failed to exercise a jurisdiction so vested, or

C- Acted in the exercise of its jurisdiction illegally or with material irregularity.

2- A revision application under subsection (1) when filling in the High Court, shall contain a certificate on the first page of such application below the tittle.case, to the effect that no revision in the case lies to the district court but lies only t the High Court either because of valuation or because the order sought to be revised was passed by the district court.

3- The superior court shall not under this section, vary or reverse any order made except where,

a- The order, if it had been made in favor of the party applying for revision, would have finally disposed of the suit or other proceeding, or

b- The order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it is made.

4- A revision shall not operate as a stay of suit or other proceedings before the court except where such suit or other proceeding is stayed by the superior court.

EXPLANATION-

In this section- a)- the expression “superior Court’ means-

1- The district court, where the valuation of a case decided by a court subordinate to it does not exceed five lakh rupees.

2- The High Court, where the order sought to be revised was passed in a case decided by the district court or where the value of the original suit or other proceedings.

EXPLANATION- The provision of this section shall also be applicable to orders passed, before or after the commencement of this section, in original suits or other proceedings instituted before such commencement. UP ACT 14 OF 2003.SEC-2 (W.E.F 1- 7- 2002)

CONDITIONS-

The following conditions must be satisfied before the revision power can be exercised-

a- A case has been decided.

b- The court deciding the case must be one which is a court subordinate to the High Court or the Session Courts, as the case may be,

c- The order should be one in which no applies: and

d- The sub-ordinate court must have –

A)- exercised jurisdiction not vested in it by law,

b)- failed to exercise jurisdiction vested in it,

c)- acted in the exercise of its jurisdiction illegality or with material irregularity.

MEANING OF EXPRESSION- CASE DECIDED- APEX COURT IN BALDEVDAS V/S FILMISTAN DISTRIBUTORS AIR 1970 SC HELD that a case may be said to have been decided if the court adjudicates for the purpose of the suit some right or obligation of the parties in controversy. every order in the suit cannot be regarded as a case decided within the meaning of sec-115.

INTERLOCUTORY ORDERS-

Section-115applies even to interlocutory orders, which are not appealable are subject to revision u/s 115 of the code. if the conditions laid down in the section are fulfilled.

LIMITATION FOR REVISION-

The period of limitation for revision application is 90 days, decree or order sought to be revised.

ABATEMENT-

The provision of order XXII does not apply to revision application and such an application does of abate on the death of the application or on account of failure to bring legal heirs of deceased application record.

No letters patent appeal lies from an order made in the exercise of revisional jurisdiction and no revision lies against san order passed by a single judge of High Court.

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RESTITUTION - MEANING, CONDITION

Restitution is an act of restoring a thing to its proper owner, and means restoring to a party the benefit which the other party has received under a decree subsequently held to be wrong. The provisio

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