Semviii.dpc.project.toshan.182

REVISION PETITION UNDER THE CODE OF CIVIL PROCEDURE, 1908

A PROJECT ON COMPARATIVE CRIMINAL PROCEDURE Submitted to:

Submitted by:

Dr. Parvesh Kumar Rajput

Toshan Chandrakar

(Faculty, DPC)

Semester: VIII (A) Roll no: 182

HIDAYATULLAH NATIONAL LAW UNIVERSITY NAYA RAIPUR, CHHATTISGARH I

Date of Submission: 18/03/2019

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DECLARATION

I, Toshan Chandrakar, hereby declare that this project report entitled ‘Revision Petition Under the Code of Civil Procedure, 1908’ submitted to Hidayatullah National Law University, Raipur is record under original work done by me and that no part of this work has been plagiarized without citations.

Toshan Chandrakar Semester- VIII (A) Roll No- 182

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ACKNOWLEDGEMENTS

I, Toshan Chandrakar, feel myself highly exulted to come out with the work ‘Revision Petition Under the Code of Civil Procedure, 1908’ as it gives me tremendous pleasure of having done thorough research on the subject to present in a comprehensive manner. I take this opportunity to express my profound gratitude and deep regards to my guide Dr Pravesh Kumar Rajput for his exemplary guidance and constant encouragement throughout the course of this work.

Toshan Chandrakar Semester- VIII (A) Roll No 182

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CERTIFICATE

This is to certify that the Project work entitled ‘Revision Petition Under the Code of Civil Procedure, 1908’ is a bonafide record of independent research work done by Mr. Toshan Chandrakar, bonafide student at Hidayatullah National Law University, under my supervision and submitted to the University for the academic session 2018-2019.

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Table Of Contents

DECLARATION..............................................................................................................................................II ACKNOWLEDGEMENTS...............................................................................................................................III CERTIFICATE...............................................................................................................................................IV Table Of Contents........................................................................................................................................V Introduction.................................................................................................................................................1 CHAPTER 1: CIVIL REVISION PETITION.........................................................................................................3 CHAPTER 2: WHEN CAN ONE FILE A PETITION.............................................................................................5 Grounds of refusing the petition:................................................................................................................6 CHAPTER 3: CIVIL REVISION PETITION: TEMPLATES....................................................................................7 CONCLUSION.............................................................................................................................................12

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Introduction Section 115 of the Code of Civil Procedure empowers a High Court to entertain a revision in any case decided by a subordinate Court in certain circumstances. This jurisdiction is known as revisional jurisdiction of the High court. Revision means the action of revising, especially critically or careful examination or perusal with a view to correcting or improving. Any illegality ,irregularity or impropriety coming to the notice of High court has the jurisdiction to the High Court to examine the records relating to the ‘’any order’’ and/or proceedings is capable of being corrected by the High Court by passing such appropriate order or direction as the law requires and the justice demands but only limitation on the scope of the High Court’s jurisdiction is that the order or proceeding sought to be scrutinized by the subordinate court. Revisional Jurisdiction doesn’t allow High Court to interfere and correct errors of facts or of law. When the order is within the Jurisdiction of the subordinate Court, even if the order is right or wrong or in accordance with the law or not, unless it has exercised its jurisdiction illegally or with material irregularity the high Court has no jurisdiction to interfere. The high Court will not interfere in revision until it comes to the conclusion that the impugned order has occasioned a failure of justice or has caused an irreparable injury to the party against when it is made. The revisional power under Section 115 of the Code is clearly is the nature of a power to issue a writ of certiorari. Its ambit is not as large as certiorari as revisional Jurisdiction can only be exercised in the failure of Jurisdictional error but not in any other manner.

1.1 Statement Of The Problem The project deals with the question of intricacies of Revision Petition Under the Code of Civil Procedure, 1908 and takes an in depth approach towards the problem. The problem sought to be answered in this project is aspects of Revision Petition provided under Section 115 and other provisions of Code of Civil Procedure, 1908.

1.2 Aim & Objectives To find out the provisions and facets dealing with Revision Petition Under the Code of Civil Procedure, 1908 and other implications regarding the same. 1

1.3 Review Of Literature There are many standard works dealing with Revisional provisions under CPC, 1908. The author had gone through quite a number of books by visiting various libraries and the following are a few important works which need special mention. The data for the project work has been drawn from the under mentioned books on a doctrinal basis.

1.5 Chapterisation Chapter 1: CIVIL REVISION PETITION Chapter 2: WHEN CAN ONE FILE A PETITION? Chapter 3: CIVIL REVISION PETITION: TEMPLATES

1.6 Research Methodology This Project is a doctrinal research. Doctrinal research includes studying books and established literature and not actually going to the field and doing empirical research.

1.7 Source of research work The sources of this project are both primary (bare acts, statutes, etc) and secondary sources (books given by different authors, journals, internet, etc).

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CHAPTER 1: CIVIL REVISION PETITION The provisions for Revision petitions lie both under CPC and CrPC. The provisions relating to revision under CPC are contained under Section 115. A revision petition may sound like an appeal but both are fundamentally very much different. The distinction between the appeal and revision in the following: (1) An appeal lies to a superior court, which may not necessary be a High Court, while a revision application under both the codes lies only to the High Court. (2) An appeal lies only from the decrees and appealable order, but a revision application lies from any decision of a court subordinate to the High Court from which no appeal lies to the High Court or to any subordinate court. (3) A right of appeal is a substantive right conferred by the statute, while the revisional power of the High Court is purely discretionary. Section 115 of the Code of Civil Procedure, 1908 has the provisions regarding the power of the Civil Revision petition before High Courts. Section 115 of the code reads as:“115. Revision(1) The High Court may call for the record of any case which has been decide 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,

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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 suitor 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.” Furthermore, Section 151 of the same code sets the inherent powers of the High Courts and says that the high Courts may pass any order that is necessary for the ends of inflicting justice. Section 151 reads as:“151. Saving of inherent powers of court.- Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice, or to prevent abuse of the process of the court.” Section 115 when read with Section 151 provides the complete law for a civil revision petition, as Section 115 gives the high courts the power to revise the judgment of the lower courts and when it is read with Section 151 it means that the courts have the authority to allow a revision petition so as to bring about justice. Section 115 of the Code and Art 227 of the Constitution A revision under section 115 and Superintendence under Article 227 are two separate and distinct proceeding. One can’t be overindulging with the other. S.115 and Art 227are distinguished with the each other in the following way:-

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1) Revisional power is only judicial while Article 227 which empowers Superintendence is both Judicial as well as administrative. 2) Revisional power is statutory and it can be taken away by legislation but the power of superintendence is constitutional and cannot be curtailed or taken away by the statue. 3) Revisional power has less peripheral application as compared to Article 227 as S.115 are restricted and cannot be exercised in all the conditions.

CHAPTER 2: WHEN CAN ONE FILE A PETITION Section 115 deals with the filing of civil revision petitions in its entirety. By reading the first part of Section 115 we can get that the High Courts have the authority to call for the record of any case which has been decide by any court subordinate to such High Court and this should be a case in which no appeal lies to the High Court. Section 96(1) of the Code of Civil Procedure provides for cases where an appeal does not lie in cases: 1. The amount of value or the subject matter of the original case is less than Rs 10,000 or; 2. Cases whose subject matter is below Rs. 10,000 and if the said case does not involve any question of law. 3. The order was passed by the consent of the parties. Some additional requisites under Section 115 also need to be proved by you before you move to the High Court with a revision petition. These essentials are that: 1. The subordinate court exercised a jurisdiction not vested in it by law, or 2. It failed to exercise a jurisdiction so vested, or 3. It acted in the exercise of its jurisdiction illegally or with material irregularity After being satisfied of the above essentials, the High Court can make such order in the case as it thinks fit.

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Section 115 also has a proviso providing that the High Court shall not, under this section, vary or reverse any order made, 1) In a case where the same order, if made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings. An appeal lies either to the High Court or to any court subordinate thereto. It also provides that a revision shall not operate as a stay of suitor 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.” In the case of Shankar v. Krishnaji1, it was said that the High Court can interfere in revision only for the purpose of rectifying an error of the court below. Grounds of refusing the petition: 1. Subject matter of the case is more than Rs. 10,000. 2. The subject matter is less than 10,000 but the case involves a question of law. 3. A right of appeal lies with the party by any other provision. 4. The order has been passed by the consent of the parties.2

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AIR 1970 SC 1

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In these grounds a right to appeal to a higher court lies with the aggrieved party and thus they do not have a right to file a revision petition by virtue of Section 115 read with Section 96 of the code

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CHAPTER 3: CIVIL REVISION PETITION: TEMPLATES Civil Revision Petition IN THE HIGH COURT OF DELHI AT NEW DELHI REVISIONAL JURISDICTION CIVIL REV. P. NO._______OF ____ [Comment: Note how clearly it is mentioned at the beginning of the document that it is a civil revision petition.]

IN THE MATTER OF : …PETITIONER VERSUS …RESPONDENT [Comment: The original case name is to be mentioned here.] CIVIL REVISION PETITION - UNDER SECTION 115 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 AGAINST THE IMPUGNED ORDER DATED __________ PASSED BY SH. ______________, ______ JUDGE, _______ COURTS, _____ IN SUIT NO. ______, TITLED AS “SH. ______________________________”. [Comment: Take note how the governing statute and the order against which the petition is being filed are clearly mentioned.]

PRAYER IN REVISION PETITION: TO SET ASIDE/REVERSE THE IMPUGNED ORDER DATED _________ PASSED BY SH. ________________, ______ JUDGE, __________ COURTS, IN SUIT NO. ______, TITLED AS ___________________

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PRAYER

IN THE PREMISES STATED ABOVE, IT IS, THEREFORE, RESPECTFULLY PRAYED, THAT THIS HON'BLE COURT MAY BE PLEASED TO:(a) Set aside the impugned order dated ___________ passed by ___________, __________ Judge, _______ Courts, ______ in Suit No. ____, titled as “Sh. _____________. and in that behalf; (b) Pass such other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. AND FOR THIS ACT OF KINDNESS, THE PETITIONER, AS IN DUTY BOUND, SHALL EVER PRAY. PETITIONER/RESPONDENT THROUGH:________________ [Comment: This is the prayer for relief wherein the petitioner states his request to set aside the impugned order if the court is satisfied of the irregularity.] IN THE HIGH COURT OF DELHI AT NEW DELHI REVISIONAL JURISDICTION CIVIL REV. P. NO._______OF _____ IN THE MATTER OF : … Petitioner Versus … Respondent 8

AFFIDAVIT AFFIDAVIT OF SH. ___SON OF SH. ___, AGED ABOUT ___ YEARS, AVAILABLE AT: ____________, ______________ DO HEREBY SOLEMNLY AFFIRM AND STATE AS UNDER:I, _________, the DEPONENT named hereinabove, do hereby solemnly affirm and state as under:1. I say that I am _______________________ of the petitioner Company in the above matter, and am well conversant with the facts and circumstances of the present case, and am competent to file this affidavit. 2. I say that the accompanying Revision Petition, has been drafted under my instructions. I say, that I have perused the same, and I say, that except for the contents of the legal averments contained therein, the contents thereof are true and correct to the best of my knowledge and belief. I say, that the contents of the accompanying Revision Petition may be read as a part of this affidavit, and the same are not being reproduced herein in order to avoid prolixity. 3. I say, that no part of this Affidavit is false and nothing has been concealed therefrom.

(DEPONENT)

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VERIFICATION I, _________ the deponent named hereinabove, do hereby solemnly affirm and verify, that the contents of the above Affidavit are true and correct to my knowledge. No part of it is false, and nothing material has been concealed therefrom. Verified at New Delhi on this ______ day of (Month), (Year).

(DEPONENT) IN THE HIGH COURT OF _____ AT _______ REVISIONAL JURISDICTION CIVIL REV. P. NO._______OF _____

IN THE MATTER OF :

…PETITIONER

VERSUS

…RESPONDENT

THROUGH: _____________________

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URGENT APPLICATION

To The Registrar _____ High Court __________ Sir, Kindly treat the accompanying Petition on an urgent basis as per ______ High Court Rules. The grounds of urgency are that the Petitioner is seeking quashing / setting of the impugned order dated ________ passed by Sh. _______, Judge, ________ Courts, ______ in Suit No. _____, titled as “______________.”, hence the urgency.

PETITIONER THROUGH: ADVOCATE

PLACE : DATED : [Comment: This is a very detailed petition mentioning all the facts of the case, the grounds for asking a revision and the affidavit that provides the declaration for the truthfulness of everything stated in the petition. It has to be made very detailed so as to make the court completely aware of the situation that has emerged in the said case and thus make an informed decision after knowing of all that the petitioner has to say.]

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CONCLUSION The section consists of two parts, the first prescribes the conditions in which the jurisdiction of the High Court arises, i.e. there is a case decided by a subordinate Court in which no appeal lies to the High Court, the second sets out the circumstances in which no appeal lies to the High court, the second out the circumstances in which the Jurisdiction may be exercised. For the effective exercise of the High court’s superintending and visitorial powers over subordinate courts, this revisional jurisdiction has been conferred by the High Court under S.115; the powers given are clearly limited to the keeping of subordinate courts within the bound of their jurisdiction. It is a part of general appellate jurisdiction of the High court though the jurisdiction is strictly restricted by the terms of S.115 investing it. Though revisional Jurisdiction is only a part of appellate jurisdiction, it cannot be equated with full that of a full fledged appeal.

REFERENCES: 

Code of Civil Procedure, 1908

Web Sources: 

Legal Services India: https://indiankanoon.org/search/?formInput=civil%20revision%20order%207%20rule %2011

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Legal Services India: http://www.legalservicesindia.com/article/2580/Reference,-Revision-And-Review.html

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