Section 115 CPC: Revision by High Court and State Revision Powers
Section 115 of the Code of Civil Procedure, 1908 deals with the revisional jurisdiction of the High Court over certain cases decided by subordinate courts where no appeal lies. The provision is narrower than an appeal and is directed to jurisdictional errors, failure to exercise jurisdiction, or illegality or material irregularity in exercising jurisdiction.
Section 115 of the Code of Civil Procedure, 1908 - Revision
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.
When can revisional jurisdiction under Section 115 CPC be invoked?
A revision under the central provision is generally concerned with jurisdictional control rather than a rehearing on facts. The subordinate court must have decided a case, no appeal must lie, and one of the jurisdictional defects stated in clauses (a), (b), or (c) must be present.
For an order made during a suit or other proceeding, the present central proviso further restricts interference: the order must be of such a nature that, had it been made in favour of the revision applicant, it would have finally disposed of the suit or other proceeding.
State amendments to Section 115 CPC
Section 115 is subject to state amendments. The applicable text may therefore differ depending on the State and the court concerned. The official India Code compilation should be checked before filing or relying on a revisional remedy.
Madhya Pradesh
The India Code compilation records the Madhya Pradesh amendment to Section 115 under M.P. Act 4 of 1994. The state text retains the jurisdictional grounds for revision and includes its own formulation governing the revisional power.
Odisha
Under the Code of Civil Procedure (Orissa Amendment) Act, 2010, Section 115 was substituted in its application to Odisha.
The High Court, in cases arising out of original suits or other proceedings of the value exceeding five lakh rupees, and the District Court in other cases, may call for the record of a case decided by a subordinate court where no appeal lies, subject to the jurisdictional grounds stated in the section.
Where a case of any valuation has been decided by the District Court, the High Court alone is competent to make an order under the section. The Odisha text also restricts interference with interlocutory orders to cases where the order, if made in favour of the revision applicant, would have finally disposed of the suit or other proceeding, and provides that revision does not itself operate as a stay unless a stay is granted.
Uttar Pradesh
Uttar Pradesh has a substituted version of Section 115 under state amendments. The official India Code compilation records later changes to the pecuniary threshold, including the substitution of "twenty five lakh rupees" for "five lakh rupees" by U.P. Act 16 of 2019. Because the Uttar Pradesh provision allocates revisional jurisdiction between the High Court and District Court by reference to the nature and value of the proceeding, the current state text should be checked before filing.
West Bengal - Section 115A: District Court's powers of revision
115A. District Court's powers of revision.
(1) A District Court may exercise all or any of the powers which may be exercised by the High Court under section 115.
(2) Where any proceeding by way of revision is commenced before a District Court in pursuance of sub-section (1), the provisions of section 115 shall, so far as may be, apply to such proceeding and references in that section to the High Court shall be construed as references to the District Court.
(3) Where any proceeding for revision is commenced before the District Court, the decision of the District Court on such proceeding shall be final and no further proceeding by way of revision shall be entertained by the High Court or any other Court.
(4) If any application for revision has been made by any party either to the High Court under section 115 or to the District Court under this section, no further application by the same party shall be entertained by the other of them.
(5) A Court of an Additional Judge shall have and may exercise all the powers of a District Court under this section in respect of any proceeding which may be transferred to it by or under any general or special order of the District Court.
Source: West Bengal Act No. 15 of 1988, as reproduced in the official India Code compilation.
Official references
- India Code - Code of Civil Procedure, 1908, including state amendments
- Odisha Law Department - Code of Civil Procedure (Orissa Amendment) Act, 1991 listing
Frequently asked questions
What is revision under Section 115 CPC?
It is a supervisory revisional jurisdiction permitting the High Court, in the circumstances stated in Section 115, to examine certain decisions of subordinate courts where no appeal lies and where a jurisdictional error is alleged.
Does filing a revision automatically stay the trial or proceeding?
No. Under Section 115(3), a revision does not itself operate as a stay. A stay must be granted by the High Court. State amendments should also be checked where applicable.
Is Section 115A CPC applicable throughout India?
No. Section 115A discussed on this page is a West Bengal state amendment conferring revisional powers on the District Court in that State, subject to its terms.