- Reference to High Court.—Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit:
[Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.
Explanation.—In this section, “Regulation” means any Regulation of the Bengal, Bombay or Madras Code or Regulation as defined in the General Clauses Act,1897, (10 of 1897) or in the General Clauses Act of a State.] - Review.—Subject as aforesaid, any person considering himself aggrieved—
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.
(b) by a decree or order from which no appeal is allowed by this Code, or
(c) 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, and the
Court may make such order thereon as it thinks fit. - Revision.—
[(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.]
[(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.]
STATE AMENDMENTS
Orrisa
Amendment of section 115.—In the Code of Civil Procedure, 1908 (5 of 1908) for section 115, the following section shall be substituted, namely:—
- Revision.—The High Court, in cases arising out of original suits or other proceedings of the value exceeding one lakh rupees, and the District Court, in any other case including a case arising out of an original suit or other proceedings instituted before the commencement of the Code of Civil Procedure ( Orissa Amendment) Act, 1991, may call for the record of any case which has been decided by any Court subordinate to the High Court or the District Court, as the case may be, and in which no appeal lies thereto, and if such subordinate Court appears—
(a) to have failed to 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 or the District Court, as the case may be, may make such order in the case as it thinks fit:
Provided that in respect of cases arising out of original suits, or other proceedings of any valuation decided by the District Court, the High Court alone shall be competent to make an order under this section:
Provided further that the High Court or the District Court shall not, under this section, vary or reverse any order, including an order deciding an issue, made in the course of a suit or other proceedings, except where—
(i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings; or
(ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.
Explanation—In this section, the expression “ any case which has been decided” includes any order deciding an issue in the course of a suit or other proceeding.”.
- Saving.—The amendment made by this Act shall not affect the validity, invalidity, effect or consequence of anything already done or suffered, or any jurisdiction already exercised, and any proceeding instituted or commenced in the High Court under section 115 of the Code of Civil Procedure, 1908 (5 of 1908) prior to the commencement of this Act shall, notwithstanding such amendment, continue to be heard and decided by such Court.
[Vide the Orissa Act 26 of 1991, s. 2]
Amendment of section 115.—In the Code of Civil Procedure, 1908 (5 of 1908), for section 115, the following section shall be substituted, namely:— - Revision.—(1) The High Court, in cases arising out of original suits or other proceedings of the value exceeding five lakhs rupees and the District Court, in any other cases, including a case arising out of an original suit or other proceedings instituted before the commencement of the Code of Civil Procedure ( Orissa Amendment) Act, 2010, may call for the record of any case which has been decided by any Court subordinate to the High Court or the District Court, as the case may be, 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 or the District Court, as the case may be, may make such order in the case as it thinks fit:
Provided that in respect of cases arising out of original suits or other proceedings of any valuation decided by the District Court, the High Court alone shall be competent to make an order under this section.
(2) The High Court or the District Court, as the case may be, shall not under this section, vary or reverse any order, including an order deciding an issue, made in the course of a suit or other proceedings, except where the order, if it had been made in favor of the party applying for revision, would have finally disposed of the suit or other proceedings.
(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 or District Court, as the case may be.
Explanation—In this section, the expression, “any case which has been decided” includes any order deciding an issue in the course of a suit or other proceeding.”.
[Vide the Orissa Act 14 of 2010, s. 2]
Uttar Pradesh
Amendment of section 115 of Act V of 1908.—In section 115 of the said Code—
(i) for the words “High Court”, wherever occurring, the words “High Court or District Court” shall be substituted; and
(ii) the following proviso thereto shall be inserted at the end, namely:–
“Provide that nothing in this section shall be construed to empower the District Court to call for the record of any case arising out of an original suit of the value of twenty thousand rupees or above,”.
[Vide Uttar Pradesh Act 14 of 1970, s. 3]
Uttar Pradesh
Substitution of new section for section 115 of 5 of 1908.— For section 115 of the Code of Civil Procedure, 1908, as amended in its application to Uttar Pradesh (hereinafter in this Chapter referred to as the said Code), the following section shall be substituted namely :— - “115. Revision.—The High Court in cases arising out of original suits of the value of rupees twenty thousand and above including such suits instituted before the 20th day of September, 1972, and the District Court in any other case, including a case arising out of an original suit instituted before the 20th day of September, 1972, may call for the record of any case which has been decided by any court subordinate to such High Court or District Court, as the case may be, and in which no appeal lies thereto, and if such subordinate court appears;
- (a) to have to jgh 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 or the District Court, as the case may be, may make such order in the
- case as it thinks fit;
Provided that in respect of cases decided before the 20th day of September, 1972, and also all cases arising out of original suits of any valuation decided by the District Court, the High Court alone shall be competent to make a order under this section.”
[Vide Uttar Pradesh Act 19 of 1973, s. 2]
Amendment of section 115 of Act V of 1908.— In section 115 of the Code of Civil Procedure, 1908 as amended in its application to Uttar Pradesh, hereinafter referred to as
the said Code :—
(i) for the words “the High Court or District Court”, where they first occur, the words “the High Court in cases arising out of original suits of the values of twenty
thousand rupees and above, and the District Court in any other case” shall be substituted and after thewords “High Court or District Court” where they occur the
second time, the commas and words, “as the case may be”, shall be inserted;
(ii) the proviso shall be omitted.
[Vide Uttar Pradesh Act 37 of 1972, s. 6]
Uttar Pradesh
Substitution of section 115.— For section 115 of the said Code, the following section shall be substituted, namely :—
“115. Revision.— The High Court, in cases arising out of original suits or other proceedings of the value of twenty thousand rupees and above, including such suits or other proceedings instituted before August 1, 1978, and the District Court in any other case, including a case arising out of an original suit or other proceedings instituted before such date, may call for the record of any case which has been decided by any court subordinate to such High Court or District Court as the case may be, 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 or the District Court, as the case may be, may make such order in the case as it thinks fit ;
Provided that in respect of cases arising out of original suits or other proceedings of any valuation, decided by the District Court, the High Court alone shall be competent to make an order under this section ; Provided further that the High Court or the District Court shall no under his section, vary or reverse any order including an order deciding an issue, made in the course of a suit or other proceeding, except where, —
(1) the order, if so varied or reversed, would finally dispose of the suit or other proceeding ; or
(ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.
Explanation — In this section, the expression ‘any case which has been decided’ includes any order deciding an issue in the course of a suit of other Proceeding.”
[Vide Uttar Pradesh Act 31 of 1978, s. 3]
Uttar Pradesh
Amendment of section 115 of Act no. 5 of 1908.—In section 115 of the Code of Civil Procedure, 1908, hereinafter int his Chapter referred to as the said Code,–
(a) for the words “of the value of the twenty thousand rupees and above including such suits or other proceedings instituted before August 1, 1978” the following words
shall be substituted, namely — “of the value exceeding one lakh rupees or such higher amount not exceeding five lakh rupees as the High Court may from time to time fix, by notification published in the official Gazette including such suits or other proceedings instituted before the date of commencement of the Uttar Pradesh Civil Laws (Amendment) Act, 1991, or as the case may be, the date of commencement of such notification.” ;
(b) after the second proviso, the following proviso shall be inserted, namely ;
“Provided also that where a proceeding of the nature in which the District Court may call for the record and pass orders under this section was pending immediately before the relevant date of commencement referred to above, in the High Court, such court shallproceed to dispose of the same.”
[Vide Uttar Pradesh Act 17 of 1991, s. 7]
Substitution of section 115 of Act no. 5 of 1908.— For section 115 of the Code of Civil Procedure, 1908, hereinafter referred to as the principal Act, the following section shall be
substituted and be deemed to have been substituted with effect from July 1, 2002, namely :—
“115. Revision (1) A superior court may revise an order passed in a case decided in an original suit or other proceeding by a subordinatecourt where no appeal lies against the order and where the subordinate court has —
(a) exercised a jurisdiction not vested in it by law ; or
(b) failed to exercise a jurisdiction so vested ; or
(c) acted in exercise of its jurisdiction illegally or with material irregularity.
(2) A revision application under sub-section (1), when filed in the High Court, shall contain a certificate on the first page of such application, below the title of the case, to the effect that no revision in the case lies to the district court but lies only to the High Court either because of valuation or because the order sought to be revised was passed by
the district court.
(3) The superior court shall not, under this section, very or reverse any order made except where, —
(i) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceeding ; or
(ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it is made.
(4) 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 superior court.
Explanation — I In this section,—
(i) the expression ‘superior court’ means —
(a) the district court, where the valuation of a case decided by a court subordinate to it does not exceed five lakh rupees ;
(b) the High Court, where the order sought to be revised was passed in a case decided by the district court or where the value of the original suit or other proceedings
in a case decided by a court subordinate to the district court exceed five lakh rupees ;
(ii) the expression ‘order’ includes an order deciding an issue in any original suit or other proceedings.
Explanation —II. The provisions of this section shall also be applicable to orders passed, before or after the commencement of this section, in original suits or other
proceedings instituted before such commencement.”
[Vide Uttar Pradesh Act 14 of 2003, s. 2]