Revision under section 115 of the CPC
Section 115 of the code of civil procedure provides the provision regarding the Revision. It empowers a High Court to entertain revision in any case decided by any court subordinate to it, in certain circumstances. This jurisdiction is known as Revisional jurisdiction of the High Court.
Meaning of Revision:-
According to the dictionary meaning, “to revise” means ‘to look again or repeatedly at’; ‘to go through carefully and correct where necessary’, ‘to look over with a view to improving or correcting’. ‘Revision’ means “the action of revising, especially critical or careful examination or perusal with a view to correcting or improving”.
Object of Revision:-
The main object of a revision is to prevent subordinate courts from acting arbitrary, capriciously and illegally or irregularly in the exercise of their jurisdiction. It empowers the High Court to see the proceeding of the subordinate courts conducted in accordance with the law within the bounds of their jurisdiction and in furtherance of Justice. And it also provides the power to the High Court to correct the errors of the jurisdictions committed by the subordinate courts when necessary. In other words, for the effective exercise of its superintending and visitorial power, revisional jurisdiction is conferred upon the High Court.
Conditions for revision:-
There are following conditions which must be satisfied before revisional jurisdiction can be exercised by the High Court:
a). A case must have been decided;
b). The court which has decided the case must be a court subordinate to the High Court;
c). The order should not be an appealable one; and
d). The subordinate Court must have (a) exercised jurisdiction not vested in it by law; (b) failed to exercise jurisdiction vested in it; or (c) acted in the exercise of jurisdiction illegally or with material irregularity.
Who may apply:-
A person aggrieved by an order of a court subordinate to the High Court may file revision against such order. But High Court may even suo motu exercise revisional jurisdiction under section 115 of the code.
The period of limitation for preparing a revision application is 90 days form of the degree or order sought to be revised.
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