⚖️ CIVIL PROCEDURE CODE: REFERENCE, REVIEW AND REVISION
📘 Topics Covered
- REFERENCE to High Court: Reference means referring a case to the higher court to seek the opinion of the higher court when there is a doubt on a question of law.
- Review of judgment: A Court may reconsider a decision given by it if certain conditions are satisfied. But a court cannot review its decision suo motu.
- Revision of any case which has been decided by a subordinate court: Higher Courts have revision jurisdiction and can call for the record of any case which is already decided.
Relevant Orders:
- REFERENCE – Order XLVI
- REVIEW – Order XLVII
******************
🎯 Preparation for RJS, DJS, PCS (J) and other Judicial Service Exams
The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country.
Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam.
To help such aspirants, Delhi Law Academy Jaipur has launched a series of study material modules on all important aspects of this vital part of their syllabus.
*******************
📖 REFERENCE to High Court (Section 113)
- Subject to prescribed conditions and limitations:
- Any Court may state a case and refer the same for opinion of the High Court…
- The High Court may make such order thereon as it thinks fit.
Proviso:
- Where a Court is satisfied that a case pending before it involves a question as to validity of any Act, Ordinance or Regulation…
- and is of opinion that such Act, Ordinance or Regulation is invalid or inoperative but has not been so declared by the concerned High Court or Supreme Court…
- The Court shall state a case setting out its opinion and reasons therefor and shall refer the same for opinion of the High Court.
📘 DLA Note on REFERENCE:
• For prescribed conditions and limitations, please refer to Order XLVI.
• Reference means referring a case to the higher court to seek the opinion of the higher court when there is a doubt on a question of law.
• For prescribed conditions and limitations, please refer to Order XLVI.
• Reference means referring a case to the higher court to seek the opinion of the higher court when there is a doubt on a question of law.
**********
📑 REVIEW (Section 114)
- Subject as aforesaid:
- Any person considering himself aggrieved by a decree or order from which an appeal is allowed but not preferred…
- Or by a decree/order from which no appeal is allowed by this Code…
- Or by a decision on a reference from a Court of Small Causes may apply for a review of judgment to the Court which passed the decree or made the order.
- The Court may make such order thereon as it thinks fit.
📘 DLA Note on REVIEW:
• For prescribed conditions and limitations, please refer to Order XLVII.
• A Court may reconsider a decision given by it if certain conditions are satisfied. But a court cannot review its decision suo motu.
• For prescribed conditions and limitations, please refer to Order XLVII.
• A Court may reconsider a decision given by it if certain conditions are satisfied. But a court cannot review its decision suo motu.
**************
⚖️ REVISION (Section 115)
- High Court may call for the record of any case which has been decided by a subordinate Court and in which no appeal lies to the High Court.
- If such subordinate Court appears to have exercised a jurisdiction not vested in it by law, or failed to exercise jurisdiction, or acted illegally or with material irregularity…
- The High Court may make such order in the case as it thinks fit.
Proviso:
- High Court shall not vary or reverse any order made in course of a suit or proceeding except where such order would have finally disposed of the suit or proceeding.
Section 115(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.
Section 115(3): A revision shall not operate as a stay of a suit or proceeding except where such suit or proceeding is stayed by the High Court.
Explanation: “Any case which has been decided” includes any order made in the course of a suit or other proceeding.
📘 DLA Note on REVISION:
• Section 115 of the Code of Civil Procedure deals with Revision.
• Higher Courts have revision jurisdiction and can call for the record of any case which is already decided.
• This power is given for efficient exercise of supervisory jurisdiction of Higher Courts.
• Section 115 of the Code of Civil Procedure deals with Revision.
• Higher Courts have revision jurisdiction and can call for the record of any case which is already decided.
• This power is given for efficient exercise of supervisory jurisdiction of Higher Courts.
************
📚 Continue Your CPC Preparation
Don’t stop here! Strengthen your knowledge of the Civil Procedure Code with our other fully solved tests:
📘 Free Study Material for Judiciary Aspirants!
Download our FREE study material prepared by Delhi Law Academy’s expert faculty.
💬 Frequently Asked Questions on Reference, Review & Revision under CPC
⚖️ What is meant by “Reference” under Section 113 of CPC?
Reference under Section 113 of the Code of Civil Procedure means that a subordinate court, when faced with a doubt on a question of law, may refer the case to the High Court for its opinion. This ensures that any question regarding the validity of laws or regulations is clarified by a higher authority before the case is decided.
📘 What are the conditions for a valid Review under Section 114 CPC?
A review under Section 114 can be filed by a person who feels aggrieved by a decree or order when: (a) no appeal has been filed though allowed; (b) no appeal is permitted under the Code; or (c) it arises from a decision on a reference from a Court of Small Causes. The same court which passed the original order may review it under prescribed conditions.
🧾 Can a court review its judgment on its own (suo motu)?
No, a court cannot review its own decision suo motu. A review can be initiated only on an application by an aggrieved party who meets the conditions under Section 114 and Order XLVII of the Code of Civil Procedure.
🏛️ What is the scope of High Court’s revisional powers under Section 115 CPC?
The High Court has the power to call for records of any case decided by a subordinate court in which no appeal lies, to correct jurisdictional errors. It can intervene if the subordinate court has acted without jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity.
📜 What is the difference between Reference, Review, and Revision under CPC?
• Reference (Section 113): Lower court refers a question of law to the High Court for opinion.
• Review (Section 114): Same court reconsiders its own decision under specified conditions.
• Revision (Section 115): High Court supervises subordinate courts to correct jurisdictional errors in cases where no appeal lies.
• Review (Section 114): Same court reconsiders its own decision under specified conditions.
• Revision (Section 115): High Court supervises subordinate courts to correct jurisdictional errors in cases where no appeal lies.
🧠 When can the High Court refuse to exercise revisional jurisdiction?
The High Court may refuse to interfere in revision if an appeal is available against the order in question, or if the order does not finally dispose of the suit or proceeding. Section 115 also bars revision where an appeal lies either to the High Court or a subordinate court.
Contact us
📍 Delhi Law Academy – Jaipur Branch
6C, Tower 2, Coaching Hub, Pratap Nagar, Jaipur – 302033
📞 Phone:
+91 9911916552
+91 8447285606
✉️ Email:
contactus@delhilawacademy.com