What do you mean by word ‘Revision’?

Posted on February 5, 2026February 18, 2026 by Admin

Q. What do you mean by word ‘Revision’?

Generally speaking, ‘Revision’ means “the action of revising, especially critical or careful examination or perusal with a view to correcting or improving.” According to section 115 of the Code of Civil Procedure, 1908:

(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.

Discuss the essential ingredients of ‘revision’.

(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.

Therefore, under the Code, the jurisdiction exercised by the High Courts under this section is called ‘revisional jurisdiction’. However, the powers of the High Courts under this section could only be invoked in cases in which no appeal lies to the High Court and the case was decided by any court subordinate to such High Court and such subordinate court appeared:

(i) to have exercised a jurisdiction not vested in it by law; or

(ii) to have failed to exercise a jurisdiction so vested; or

(iii) to have acted in the exercise of its jurisdiction illegally on with material irregularity.

However, under section 115 of the Code of Civil Procedure, 1908, the High Court cannot:

(i) vary or reverse any order except where the order, if it has been made in favour of the party applying for revision would have finally disposed off the suit or proceedings.

(ii) vary or reverse any decree or order against which an appeal lies either to the High Court or to any sub-ordinate court.

It should be noted that, a ‘revision’, docs not, operate as a stay of suit or other proceedings before the Court, unless such suit or proceeding is, in fact, stayed by the High Court. Further, in the exercise of its revisional power, it is not the province of the High Court to enter into the merits of the evidence.

In Ram Kumar v. State of Rajasthan, MANU/SC/4259/2008 : AIR 2009 SC 4, it is held that the suit itself was dismissed on merits after the issue as to the maintainability of the suit for non-service of notice upon the respondent was decided in favour of the appellants. It is now pending in appeal before the Appellate Court. Therefore, by any stretch of imagination, it cannot be said that at the time the revision was decided, it was open to High Court to deal with the issue passed by the Trial Court when the suit itself was dismissed on merits. The revision became infractus in view of the disposal of the suit on merits.

Essential Requirements for ‘Revision’

Q. Discuss the essential ingredients of ‘revision’.

Any High Court within the territorial limits of India may exercise its revisional powers under section 115 of the Code of Civil Procedure, 1908 if following conditions are satisfied:

(i) there must be a case decided by a court;

(ii) the Court deciding the case must be one subordinate to the High Court;

(iii) the decision must be one in which no appeal lies to the High Court; and

(iv) the subordinate Court in deciding the case must appear to have:

(a) exercised a jurisdiction not vested in it by law; or

(b) failed to exercise a jurisdiction vested in it by law; or

(c) acted in the exercise of its jurisdiction illegally or with material irregularity; Michael Mascarenhas, Major v. Johu Mascarenhas, MANU/KA/0070/1996 : AIR 1996 Kant 348: ILR 1996 Kant 1957: 1996 (3) Kant LJ 114.

Exercise of Revisional Jurisdiction is Discretionary

The use of word “may” in section 115 of the Code of Civil Procedure, 1908 indicates that the exercise of the revisional powers of the High Court is entirely discretionary. The High Court does not usually interfere if the aim of an irregularity of the lower Court has been to promote justice; Sham Mohan Lai v. Jai Gopal, AIR 1968 Del 104. Likewise, the High Court may decline to exercise its revisional jurisdiction if the matter is sub-judice in the appeal filed by another party to the same suit. Before interfering in the ‘Revision’ the Court always takes into consideration the conduct of the petitioner; Dominion of India v. Gobordhan Das, AIR 1952 Cal 28, if he does not disclose his entire case the Court shall not exercise its revisional jurisdiction; J.N. Basu v. Tarakchandra Raychowdhury, MANU/WB/0010/1946 : AIR 1947 Cal 28. Where the power of revision has been invoked and dealt with, the High Court ought not to interfere with the order in question in a subsequent writ petition; Shankar R. Abhyankar v. Krishnaji, MANU/SC/0456/1969 : AIR 1970 SC 1: (1970) 72 Bom LR 179: (1969) 2 SCC 74: (1970) 1 SCR 322