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Revision under CPC

By Editorial Team

The concept of revision under the Code of Civil Procedure (CPC) allows for a higher court to review and correct an order or decision passed by a lower court, with the objective of preventing manifest injustice or correcting errors.

Scope of Revision

Revision is a discretionary power exercised by a higher court to examine the correctness, legality, or propriety of an order or decision passed by a lower court. The purpose of revision is to ensure justice and fairness in the legal process.

Revision Petition

A revision petition is filed by an aggrieved party before the higher court, seeking a revision of the order or decision passed by the lower court. The party filing the revision petition must demonstrate that there are grounds for revision, such as an error of law, irregularity, jurisdictional issues, or a substantial miscarriage of justice.

Hierarchy of Courts

The revisional powers are usually vested in a higher court, such as a high court, to review the orders passed by subordinate courts within its jurisdiction. The higher court exercises its revisional jurisdiction to correct errors or address substantial grievances in the interests of justice.

Time Limit for Filing

The CPC specifies a time limit within which a revision petition must be filed. The petitioner is required to file the revision petition within a prescribed period from the date of the order or decision sought to be revised. The specific time limit may vary depending on the nature of the case and the applicable laws.

Grounds for Revision

The grounds for filing a revision petition include:

  • An error of law apparent on the face of the record.
  • Jurisdictional issues or lack of jurisdiction by the lower court.
  • Substantial irregularity in the proceedings.
  • Substantial miscarriage of justice.

Procedure for Revision

The procedure for filing a revision petition involves submitting a formal petition before the higher court, outlining the grounds for revision and providing supporting arguments or evidence. The court may call for records from the lower court and may conduct further hearings or examination if necessary.

Discretion of the Court

The higher court has discretionary powers to decide whether to admit or reject the revision petition. The court will evaluate the grounds raised in the petition and determine whether they warrant a revision. The court may dismiss the revision petition if it finds no merits or allow the revision and proceed to re-examine the case.

Effect of Revision

The decision of the higher court in a revision petition is binding on the lower court. The higher court may confirm, modify, or set aside the order or decision of the lower court, based on its findings. The revised decision becomes final and subject to any further legal remedies available in exceptional circumstances.

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