Section 115 CPC - Revision
Section 115 of the Code of Civil Procedure, 1908 (CPC) empowers the High Court, subject to statutory restrictions, to correct jurisdictional errors committed by subordinate civil courts in cases where the prescribed appellate remedy is unavailable.
Section 115 CPC - Statutory provision
The following is the central provision, including its proviso and explanation. Its application is subject to applicable state amendments.
115. Revision.- (1) The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears-
(a) to have exercised a jurisdiction 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 illegally 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 favour 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 or reverse 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 other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.
Explanation.- In this 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.
Source: India Code - Code of Civil Procedure, 1908 (official PDF).
Three grounds for revision under Section 115(1)
1. Exercise of jurisdiction not vested by law - clause (a)
Revision may be considered where a subordinate court assumes authority that the law does not confer on it. The objection must concern jurisdiction rather than merely an unfavourable finding.
2. Failure to exercise jurisdiction vested by law - clause (b)
This covers a court's refusal or failure to exercise a jurisdiction it legally possesses, for example where it declines to decide a matter on an erroneous view that it lacks the power to do so.
3. Illegal exercise of jurisdiction or material irregularity - clause (c)
This concerns illegality or material procedural irregularity in the exercise of jurisdiction. An ordinary mistake in evaluating evidence or interpreting facts does not, by itself, necessarily establish a revisable jurisdictional defect.
Restrictions on revisional jurisdiction
No appeal should lie: Section 115(2) bars revision to vary or reverse a decree or order against which an appeal lies to the High Court or a subordinate court. The relevant appeal provisions and any applicable local amendment must be checked.
Interlocutory orders: Under the proviso to Section 115(1), the High Court generally cannot vary or reverse an order passed during a suit or proceeding unless a decision in favour of the revision applicant would have finally disposed of that suit or proceeding. The explanation's inclusion of an order within a "case decided" does not remove this restriction.
Not a regular appeal: The revisional court is concerned with the statutory jurisdictional grounds and restrictions; it does not ordinarily reassess the entire factual dispute as an appellate court might.
The Supreme Court has emphasized the restrictive effect of the amended proviso in its judgment dated 4 February 2019 (official Supreme Court PDF).
Does filing a revision automatically stay the suit?
No. Section 115(3) expressly states that filing a revision does not, by itself, stay the pending suit or other proceeding. A separate stay order from the competent court is necessary. Until such an order is made, the subordinate court's proceeding is not automatically suspended merely because a revision has been filed.
Difference between revision, review and appeal
Revision (Section 115): A limited remedy to address specified jurisdictional errors of subordinate courts, subject to the proviso and statutory bar on appealable orders.
Review (Section 114 and Order XLVII CPC): A request, on legally recognised review grounds, for the court that passed the decree or order to reconsider its own decision.
Appeal: A statutory challenge before an appellate forum under applicable provisions, which may allow broader examination of the decision depending on the nature of the appeal.
For the adjacent provisions, see Section 114 CPC - Review and Section 113 CPC - Reference to High Court.
State amendments and official legal sources
The central text should not be assumed to apply identically in every state. State amendments, including provisions affecting the revisional forum, pecuniary thresholds and maintainability, may apply. Before filing, consult the version applicable in the relevant state and the procedural rules of the competent court.
For authoritative reference, consult the official India Code CPC text, including its state amendment notes, and the Supreme Court of India for judgments and legal developments.