Sunday, October 9, 2011

REVISION

Revision-

Section 115 of the Code of Civil Procedure (here in after CPC), 1908 deals with 

the Revision. The two important areas from where questions might come in 

the exam is Section.115(1) and 115(4) of the CPC.

Section 115 (1) of the CPC states that, "The High Court Division may, on the 

application of any party aggrieved, call for the record of any suit or 

proceedings, in which a decree or an order has been passed by a Court of 

District Judge or Additional District Judge, or a decree has been passed by 

Court of Joint District Judge, Senior Assistant Judge or Assistant Judge, 

from which no appeal lies; and if such Court appears to have committed 

any error of law resulting in an error in such decree or order occasioning 

failure of justice, the High Court Division may, revise such decree or order 

and, make such order in the suit or proceedings, as it thinks fit."


[N.B.-On easy terms when a revision lies against an appeal then it will be 

dealt under this section [115(1) of CPC]. 


Section. 115 (4) of CPC States that "An application to the High Court 

Division for revision of an order of the District Judge or, Additional District 

Judge, as the case may be, made under sub-section (2) or (3) shall lie, 

where the High Court Division grants leave for revision on an (4) An 

application to the High Court Division for revision of an order of the District 

Judge or, Additional District Judge, as the case may be, made under sub-

section (2) or (3) shall lie, where the High Court Division grants leave for 

revision on an error of an important question of law resulting in erroneous 

decision occasioning failure of justice, and the High Court Division may 

make such order in the suit or proceeding as it thinks fit."

[N.B.- On easy terms sec.115(4) comes into action where a revision 

application needed to be filed against a revision.]







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