detail discussion on appeal reference review and revision description of whole procedure and detail discussion

1. Appeal, Reference,
Review and Revision
DR KARAN JAWANDA

2. Appeal
• Meaning : “Appeal means removal of a cause from inferior to a superior court for the
purpose of a testing soundness of decision of an inferior court”.
• “Judicial examination of the decision by a higher court of the decision of the inferior
court”.
• Following are the relevant Provisions regarding appeal and second appeal
• • Section 96, 97, 98, 99, of CPC for 1st Appeal
• • Section 100, 100A, 101,102, 103 of CPC for 2nd appeal
• • Secction 104, 105, 106 for appeals from orders
• • Section 109 to 112 for appeals to the Supreme Court read with articles 132 to 134A
and Article 136 of the Constitution of India.
• • Order 41, 42 ,43 and 45 of CPC

3. Appeal
• Right of Appeal Every person has been given right of appeal against decree. However, right of
appeal is not an inherent right. Rather it can only be availed where it is expressly granted by law.
Rights of appeal are substantive or statutory right and they are not mere matters of procedure. Right
of appeal is governed by the law prevailing at the date of the suit and not by law that prevails at the
date of the decision or at the date of filling of the appeal.
• First Appeal
• Generally, first appeal shall lie from every decree passed by any court exercising original jurisdiction
to the court authorize to hear appeal from the decisions of such court. Section 96 provides that an
appeal shall lie from all decrees passed in the original jurisdiction of the court. An appeal shall lie
from a decree passed exparte. No appeal shall lie from a compromise decree or decree of small
cause courts where value of subject matter does not exceed 10, 000 rupees, except where a question
of law arises

4. Appeals
• Person who may Appeal
• Only such persons, who are party to the suit, or who are adversely affected by the
decree may appeal; Stranger to suit or proceedings is not prohibited by CPC 1908
from filling an appeal against an order whereby he was aggrieved.
• Person otherwise competent to file appeal
• • Persons who are party to the suit and are aggrieved by the decision of the Court
• • legal representatives of the party after if the party is dead,
• • Transferee of the interest of party,
• • Any other person , with the leave of the court , if he is adversely affected by the
decree
• • A guardian on behalf of a minor

5. Appeal
• Appeal against Preliminary decree under section 97
• Section 97 provides that if any person aggrieved from the preliminary decree
does not appeal from the same, he shall be precluded (not allowed) from
disputing its correctness in an appeal from the final decree. Thus, a person must
appeal from the preliminary decree if he is not satisfied with the same and
should not wait for the final decree as whatever has been decided in the
preliminary decree is final and will not change even in the final decree.

6. Appeal
• Decisions in Appeal under section 98
• All decisions in an appeal shall be made by the majority and if no majority is established which
necessary to alter or reverse the decree appealed from, then the decree shall stand confirmed. It
is the right of the first appellate court to come to a conclusion different from that of trial court
on re-appraisal of evidence.
• Reference to other judges where no majority
• When a court consisting of more than two judges and an appeal is heard by its bench of two
judges and they differ on a point of law, they may refer that point to the other judges of the
same court and then the matter shall be decided according to the majority, including judges
who refer that matter
• Effect of irregularity under section 99
• Decision which is correct on merits, and within the jurisdiction of the court making it, should
not be set aside or reversed by an appeal, merely on the grounds of technical or immaterial
defects i.e mis-joinder of parties etc.

7. Appeal
• Second Appeal
• Generally, Second appeal lies to the High Court, from every decree passed in an appeal, by a court subordinate to
the High Court.
• It lies only on grounds mentioned in section 100 CPC but not on question of fact. Grounds for Second Appeal
Section 100 provides that a second appeal can only be raised if a substantial question of law would arise. Thus
generally, a second appeal is not raised on question of fact except if the question of fact has not been determined by
lower courts or has been wrongly determined by reason of a decision on a substantial question of law.
• The meaning of term substantial question of law has been outlined by the SC in Chunni Lal Mehta v. Century
Spinning Mills AIR 1962 SC 1314, the court held that the construction of a document of title or a document which
is the foundation of the rights of the parties necessarily raises a question of law. The court interpreted the terms
of the managing agency agreement i.e whether the parties were entitled to liquidated damages (a sum named by
the parties or unliquidated damages? The Court further elaborated the meaning of substantial question of law:
• “A substantial question of law is one which is of general public importance or which directly and substantially
affects the rights of the parties and which have not been finally settled by the Supreme Court, the Privy Council
or the Federal Court or which is not free from difficulty or which calls for discussion of alternative views. The
question involved in the present case as to the construction of the agreement was not only one of law but it was
neither simple nor free from doubt and was a substantial question of law within the meaning of Art. 133(1).”

8. Appeal
• Examples of Substantial Question of law:
• • A question of law on which there is conflict of judicial opinion
• • Recording of a finding without evidence on record
• • Disregard of relevant or admissible evidence
• • Taking into consideration irrelevant evidence
• • Misconstruction of evidence or documents
• • Construction of material documents (e.g. terms of a will etc.)
• • A question of admissibility of evidence
• • Placing onus on a wrong party

9. Appeal
• Second Appeal under Section 100 CPC is maintainable basically on a substantial question of
law and not on facts. However, if the High Court comes to the conclusion that the findings of
fact recorded by the courts below are perverse being based on no evidence or based on
irrelevant material, the appeal can be entertained and it is permissible for the Court to re-
appreciate the evidence.
• No second appeal lies where the subject matter of the original is for recovery of money not
exceeding Rs. 25,000.
• Section 100 A which was amended in 2002 provides that notwithstanding anything in the
letters patent for any High Court there shall be no further appeal where an appeal from an
original or appellate decree or order is heard and decided by a single judge of a High Court.
No further appeal shall lie from the judgment and decree of such single judge. This means that
if a single judge of HC hears a 1st appeal or 2nd appeal, no further letters patent appeal can be
there. Thus letters patent appeal can be there where the single judge hears a matter in original
jurisdiction

10. Appeal
• In Ganga Bai vs Vijay Kumar & Ors AIR 1974 SC1126 the honourable SC stated
that an appeal will not lie from a mere finding if the decree is in favour of the
party: “There is a basic distinction between the right of suit and the right of
appeal. There is an inherent right in every person to bring a suit of at civil
nature, but the right of appeal inheres in no one and therefore an appeal for its
maintainability must have the clear authority of law. The various provisions in
the C.P.C. show that under the Code, an appeal lies only as against a decree or as
against an order passed under rates from which an appeal is expressly allowed
by Order 43, Rule 1. No appeal can lie against a mere finding for the simple
reason that the Codes does not provide for any such appeal” However, in such
cases the party is free to file cross objection if the aggrieved person files the
appeal under order 41, r.22

11. Appeal
• Appeals to Supreme Court Section 109 provides that an appeal shall lie from any judgment, decree or
final order from civil proceeding of High Court to the Supreme Court on a substantial question of
law of general importance and the High court certifies the same.
• This provision is subject to the provisions of the Constitution under articles 132 to 136.
• Article 133 provides for appeals to Supreme Court in civil matters from the decision of High Court
provided there is a substantial question of law of general importance.
• Article 136 over and above provides the right to appeal by special leave from any decree, order (final
or interlocutory), judgment or determination of any court or tribunal.
• Order 45 prescribes the procedure to be followed for appeals to Supreme Court. Whoever is
aggrieved of the decision and wants to appeal to the Supreme Court should apply by petition to the
Court whose decree is complained of. The petition should state the grounds of appeal and must pray
for a certificate of fitness stating that the case involves a substantial question of law of general
importance and that in the opinion of the court, the said question needs to be decided by the
Supreme Court. The Court shall serve notice to the opposite party to show cause why such a
certificate should not be granted. After grant of the certificate, the applicant must deposit security for
costs of the appeal, expenses of translation, printing etc. After the security is deposited, the court
may admit the appeal and transmit the record to the Supreme Court. The decree appealed may be
executed unless the court otherwise directs. Finally, if a person wants to seek the execution of any
order or decree of the Supreme Court, he shall apply along with certified copy of the order or decree
to the court from whose decree the appeal to Supreme Court was preferred

12. Appeals
• Procedure (order 41):
• Memorandum (rule 1)
• Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader
and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be
accompanied by a copy of the judgment
• The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the
decree appealed from without any argument or narrative; and such grounds shall be numbered
consecutively.
• Where the appeal is against a decree for payment of money, the appellant shall, within such time as the
Appellate Court mav allow, deposit the amount disputed in the appeal or furnish such security in respect
thereof as the Court may think fit

13. Appeals
• Grounds(rule2)
• The appellant shall not except by leave of the Court, urge or be heard in support of any ground of objection not set forth in
the memorandum of appeal, but the Appellate Court in deciding the appeal,' shall not be confined to the grounds of
objections set forth in the memorandum of appeal or taken by leave of the Court under this rule:

14. Appeals
• Rule 5-8 provides for stay of execution or decree. Thus, after an appeal is filed, the appellate court
may stay the execution if the court is satisfied that:
• (A) the application is made without unreasonable delay
• (B) Substantial loss will result to the applicant
• (C) security for due performance of decree has been given by the applicant.
• Rule 9 provides that the memorandum of appeal shall be entertained by the court from which
appeal lies and the same shall be registered in register of appeals. However, in Salem Advocates
Bar Association v. UOI 2003 SC 189 (report of committee formed discussed in Salem Advocates
Bar Association v. UOI SC 2005 case), the SC clarified that appeal can be filed before the
appellate court and copy of memorandum can be filed before the trial court.

15. Appeals
• Rule 10 provides for appellant to deposit security for costs at discretion of court but
makes it mandatory if appellant resides out of India and does not have sufficient
immovable property in India.
• Rule 11 deals with power of summary dismissal of appeal if there is no substance in
it. The court can exercise this power before admitting it if it feels that no triable issues
are arising, without issuing notice to respondent. However, court should usually
record reasons. The court may dismiss an appeal for default of appellant’s non
appearance.
• In case the appeal is admitted, a date of hearing will be fixed and notice to be served
on respondent (rule 12,14)

16. Appeals
• Right to begin with appellant and then respondent shall be heard (rule 16)
• Power to dismiss appeal for default or proceed ex- parte. (rule 17)
• Power to re-admit the appeal dismissed for default or re-hear in case of ex-parte
proceeding (rule 18 and 21)
• Power to adjourn the hearing to a future date and add any person who was party
to suit but is not party to appeal to be added as respondent, subject to limitation
except where in exceptional circumstances, he may be added beyond limitation
too. (rule 20)

17. Appeals
• Right to file cross objections: (rule 22)
• Upon hearing respondent may object to decree as if he had preferred separate appeal.—
(1) Any respondent, though he may not have
appealed from any part of the decree, may not only support the decree
but may also state that the finding against him in the Court below in respect
of any issue ought to have been in his favour; and may also take any cross objection to the decree
which he could have taken by way of appeal,provided he has filed such objection in
the Appellate Court within one month from the date of
service on him or his pleader of notice of the day fixed for hearing the appeal, or within such further
time as the Appellate Court may see fit to allow.
• Explanation.—A respondent aggrieved by a finding of the Court in the judgment on which the
decree appealed against is based may, under this rule, file cross objection in respect of the decree in
so far as it is based on that finding, notwithstanding that by reason of the decision of
the Court on any other finding which is sufficient for the decision of the suit, the decree, is, wholly or
in part, in favour of that respondent.

18. Appeals
• Essentials of cross objection:
• It may be filed by respondent against appellant if he could have filed appeal or if he
is aggrieved of a finding not amounting to decree.
• Instead of cross appeal, he may prefer cross objection if decree partly against him.
• It can be filed within one month of notice on respondent of date of hearing or such
period as allowed by the court
• Withdrawal or dismissal of appeal does not affect cross objection
• Court fee must be paid

19. Procedure and Powers of Appellate Courts.
• Powers of Appellate Court
• (1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall
have power-
• (a) to determine a case finally;
• (sec 107(1)(a) and rule 24 of order 41 The general rule is that a case should as far as possible be
disposed off on the evidence on record. Thus, an appellate court can come to an altogether
different conclusion on the same evidence. Thus, an appellate court may finally determine the
case notwithstanding that the that the judgment of the trial court has proceeded wholly upon
some grounds other than on which the appellate court proceeds.
• (b) To remand the case (rule 23 , 23A ) Rule 23 applies when the trial court disposes of the
entire suit by recording its findings on a preliminary issue without deciding other issues and
the finding on preliminary issue is reversed in appeal. The court can then remand or send back
the case to the trial court for a retrial. In 1976,
• Rule 23A has been inserted in Order 41 which provides for a remand by an appellate court
hearing an appeal against a decree if
• (i) the trial court disposed of the case otherwise than on a preliminary point,
• and
• (ii) the decree is reversed in appeal and a retrial is considered necessary. On twin conditions
being satisfied, the appellate court can exercise the same power of remand under Rule 23A as it

20. Appeals
• (c) to frame issues and refer them for trial; (sec 107(1)(c) and rules 25, 26 Where the
lower court has omitted to frame any issue or try any issue or determine any
question of fact necessary for determining the rights of the party, the appellate court
has the power to frame such issues and refer them for trial to the lower court. The
lower will try the same and send the record back to the appellate court
• (d) To take additional evidence (sec 107(1)(d) and rules 27 – 29Generally, additional
evidence is not to be taken by an appellate court if the evidence on record is
sufficient to determine the rights of the parties. However, the appellate court may do
so
• • Where the lower court has improperly refused to admit the evidence
• • Here the additional evidence was not within the knowledge of a party and could
not have been produced in spite of due diligence
• • Where appellate court itself requires such evidence to be able to pronounce a
judgment or any other substantial cause

21. Appeals
• Reasons must be recorded.
• Shivajirao Patil v. Mahesh Madhav AIR 1987 SC :
• Applicant could not adduce evidence in trial court inspite of best efforts.
• Opposite side should have opportunity to rebut evidence
• It should be relevant for determination of issue

22. Appeals
• Power to modify decree (rule 33)
• Appellate court is empowered to make whatever order it thinks fit not only between the
appellant and respondent but also between co- respondents. It allows the court to give relief to
other respondents as the case may be even if the person has not preferred an appeal.
• The object is to do complete justice between parties
• The Appellate Court shall have power to pass any decree and make any order which ought to
have been passed or made and to pass or make such further or other decree or order as the case
may require, and this power may be exercised by the Court notwithstanding that the appeal is
as to part only of the decree and may be exercised in favour of all or any of the respondents or
parties, although such respondents or parties may not have filed any appeal or objection and
may, where there have been decrees in cross-suits or where two or more decrees are passed in
one suit, be exercised in respect of all or any of the decrees, although an appeal may not have
been filed against such decrees:

23. Appeals
• A claims a sum of money as due to him from X or Y, and in a suit against both
obtains a decree against X. X, appeals and A and Y are respondents. The
Appellate Court decides in favour of X. It has power to pass a decree against Y.
• A claims a sum of money as due to him from X or Y. The suit is decreed partly
against x and partly against Y. X appeals but Y does not. The appellate court can
discharge X making Y liable for the whole amount.
• Rule 33, deal with the power of the court to grant relief to the parties who have
not files appeal or cross objection and the court in order to meet the ends of
justice , do justice even between co respondents.

24. Appeal from Orders
• Section 104: An appeal shall lie from the following Orders, and save as otherwise expressly provided in the body of this Code or by any law for the time
being in force, from no other Orders:-
[(ff) an Order under section 35A;]
[(ffa) an Order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be;]
(g) an Order under section 95;
(h) an Order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where
such arrest or detention is in execution of a decree;
(i) any Order made under rules from which an appeal is expressly allowed by rules;
[Provided that not appeal shall lie against any Order specified in clause (ff) save on the ground that no Order, or an Order for the payment of a less
amount, ought to have been made.]
(2) No appeal shall lie from any Order passed in appeal under this section.

25. Appeal from Orders
• Section 105: Save as otherwise expressly provided, no appeal shall lie from any Order made by a
Court in the exercise of its original or appellate jurisdiction; but where a decree is appealed from,
any error, defect or irregularity in any Order, affecting the decision of the case, may be set
case, may be set forth as ground of objection in the memorandum of appeal.

26. Appeals from orders
• Appeal from orders.—An appeal shall lie from the following orders under the provisions of section 104, namely : —
• (a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court 1 [except where the procedure
specified in rule 10A of Order VII has been followed];
• an order under rule 9 of Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of
a suit;
• (d) an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree
passed ex parte;
• (f) an order under rule 21 of Order XI;
• (i) an order under rule 34 of Order XXI on an objection to the draft of a document or of an endorsement;
• (j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;
• [ja) an order rejecting an application made under sub-rule (1) of rule 106 of Order XXI, provided that an order on the
original application, that is to say, the application referred to in sub-rule (l) of rule 105 of that Order is appealable;]
• (k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;
• (l) an order under rule 10 of Order XXII giving or refusing to give leave;

27. Appeals from orders
• (n) an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an order to set aside
the dismissal of a suit;
• [(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent
person;]
• (p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV;
• (q) an order under rule 2, rule 3 or rule 6 of Order XXVIII;
• (r) an order under rule 1, rule 2, 1 [rule 2A], rule 4 or rule 10 of Order XXXIX;
• (s) an order under rule 1 or rule 4 of Order XL;
• (t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to rehear, an appeal;
• (u) an order under rule 23 1 [or rule 23A] of Order XLI remanding a case, where an appeal would lie from the
decree of the Appellate court;
• (w) an order under rule 4 of Order XLVII granting an application for review.

28. Appeals from orders
• Order 43, rule 1 A: Right to challenge non-appealable orders in appeal against
decrees.—(1) Where any order is made under this Code against a party and there
upon any judgment is pronounced against such party and a decree is drawn up,
such party may, in an appeal against the decree, contend that such order should
not have been made and the judgment should not have been pronounced.
• (2) In an appeal against a decree passed in a suit after recording a compromise
or refusing to record a compromise, it shall be open to the appellant to contest
the decree on the ground that the compromise should, or should not, have been
recorded.]

29. Reference (sec. 113, order 46)
• When a court is trying a suit , appeal or execution proceeding and entertains a
reasonable doubt about a question of law , it can refer the same for the opinion of
the High Court. Pending the reference, the court may stay the hearing or go on to
determine the matter. However, the decision will be subject to the decision of the
High Court
• Object: The object of this provision is to obtain opinion of High Court in non
appealable cases on question of law and avoid commission of error that cannot be
remedied. The principle behind the same is that the validity of a statute etc. must be
adjudged by the highest court in the state. The reference is discretionary where the
doubt is regarding any question of law. However, it is mandatory where the question
relates to the validity of an act or ordinance and the court expresses doubt about the
same. The reference can be made suo motto or upon application of the parties

30. Reference
• The reference can only be made by a court and not an individual. The court may do so suo motto or
upon an application from the parties. The reference is always to be made to the High Court of the
state.
• • In case the question of law pertains to the validity of an Act or ordinance and the subordinate
court feels that the Act is ultra vires, the reference is mandatory because the Act of the legislature
should be interpreted by the highest court in a state and not by a subordinate court.
• • In case the doubt or ambiguity is regarding any other question of law, the reference is optional.
• • All these questions as referred above, must arise in a suit or appeal where no appeal is provided.
• • There must be a reasonable doubt about the question i.e. (1) either the High Court has not decided
on that matter or (2) In a subsequent decision, the decision has been doubted by the same or higher
court

31. Review (section 114, order 47)
• The review means the judicial re examination of the case by the same judge or the same court.
It is an exception to the general rule that once the court decides a matter it cannot re look into
the same. Review can be exercised only where a glaring omission , patent mistake or like grave
error has crept in earlier by judicial fallibility.
• In What circumstances Review can take place?
• • The power of review is to be exercised where no appeal lies against a decree or order[sec.
114(a), O.47, r.1(1)(b)]. Example: in case of decision of small cause courts which is non
appealable or where appeal is dismissed as incompetent or time barred. Or;
• • Where appeal lies but has not been preferred. An application for review can be filed so long
as no appeal is preferred. Where appeal is already preferred, review application cannot be
entertained. Where appeal is disposed off, no review can lie. However, if review is filed first,
then appeal can be entertained. If review is granted before disposal of appeal, the decree or
order ceases to exist and appeal will not remain. Conversely, if appeal is decided first, then
review becomes in fructuous. Or;
• • From a judgment on reference from a court of small causes. (O.47, R,1)

32. Review
• Grounds for Review:
• 1. Discovery of new and important matter or evidence (not within the knowledge earlier). However,
Review cannot be granted on the happening of subsequent event or change in law ( A.C. Estates v.
Serajuddin and co. AIR 1966 SC 935).
• Explanation to order 47, r.1, states, that a decision on question of law on which the judgment of a
court is based has been reversed or modified by the subsequent decision of a superior court in any
other case, shall not be a ground for review of such judgment.
• 2. Mistake or error apparent on the face of record( pronouncing judgment without taking into
consideration that law has been amended retrospectively, in ignorance of statutory provisions,
decision on matters which were not in issue, decision is contrary to law laid by SC, lack of
jurisdiction clearly evident from record)
• 3. Any other sufficient cause (decree passed under misapprehension of true situation, evidence
closed owing to misconception of parties pleader, no fair opportunity to present evidence
• Cases: Lily Thomas v. UOI 2000 SC 1650; AR Antulay v. R>S Nayak AIR 1988 SC 1531; MM Thomas v
State of Kerela 2000 (1) SCR 33; Shivdeo Singh v. State of Punjab AIR 1963 SC 1909

33. Revision
• The High Court of any State is the highest adjudicating body of that State. Every High Court has been vested with
the power of supervisory jurisdiction . This means that the High Court can supervise the working of all the lower
courts, tribunals etc. within its jurisdiction.
• As per Section 115 of the Code of civil Procedure,
• (1) The High court may call for the record of a 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(example: assumption of jurisdiction pecuniary, territorial
or subject not vested, granting injunction without prima facie case, allowing withdrawal of suit not contemplated
under O.23, R.1, directs the subordinate court to try a suit not triable by it.) or
• (b) to have failed to exercised a jurisdiction so vested (example: refusal to summon deponent of an affidavit for
cross- examination, refusal to entertain an application on the ground that it has no jurisdiction, erroneous
interpretation of a provision as obligatory instead of directory)
• (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity(example: deciding matter
without evidence or record, deciding without recording reasons, failure to follow the decision of the High Court,
placing onus on the wrong party)

34. Revision
• 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 proceeding.
• (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 proceedings 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

35. Revision
• It is only in cases where the subordinate court has exercised jurisdiction not vested in
it by law, or has failed to exercise jurisdiction so vested, or has acted in exercise of its
jurisdiction illegally or with material irregularity that the jurisdiction of the High
Court can be properly invoked. If there is no question of jurisdiction the decision
cannot be corrected by the high Court in exercise of revisional powers
• Object: The primary object of this section is to prevent the subordinate courts from
acting arbitrarily, capriciously and illegally or irregularly in the exercise of their
jurisdiction. It clothes the High Court with the powers necessary to see that the
proceedings of the subordinate courts are conducted in accordance with the law
within the bounds of their jurisdiction and in furtherance of justice.

36. Revision
• In the case of Major S. S. Khanna vs Brig. F.J. Dillon AIR 1964 SC 497, the court
held: “The word "case" in s. 115 does not mean a concluded suit or proceeding but
each decision which terminates a part of the controversy involving a matter of
jurisdiction. Where no question of jurisdiction is involved, the court's decision cannot
be impugned under s. 115 because the court has jurisdiction to decide wrongly as
well as rightly.” It was also held that “If appeal lies against the adjudication directly
to the High Court or to another court from which an appeal lies to the high court, it
has no powers to exercise revisional jurisdiction, but where the decision itself is not
appealable to the High Court directly or indirectly, exercise of revisional jurisdiction
by High Court would not deemed to be excluded.”
• In Pandurang Ramchandra Mandlik v. Maruti ramchandra Ghatge AIR 1966 SC 153
The court held that the court cannot correct questions of law or fact but if they are
related to jurisdiction then they may be entertained eg. Plea of Resjudicata, Plea of
limitation etc.

37. Revision
• In Baldevdas Shivlal v. Filmstan Distributors (India) Pvt. Ltd. (1970) 1 S.C.J.
342, it was held that “ A case may be said to be decided if the court adjudicates
for the purpose of the suit some right or obligation of the parties in controversy;
every order in the suit cannot be regarded as a case decided withtin the meaning
of section 115.”
• Moreover, the HC is not obliged to exercise the jurisdiction under sec 115 even if
conditions are satisfied. Existence of other factors like interlocutory nature of
order, existence of appeal from the decree in which order was passed etc. can be
kept in mind by the HC.

38. Revision
• In Tek Singh vs Shashi Verma AIR 2019 SC 1047, the SC held: “ We are constrained
to observe that every legal canon has been thrown to the winds by the impugned
judgment. First and foremost, the 1999 amendment to the CPC added a proviso
Section 115 which reads as follows: “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 proceeding……………. A reading of this proviso will show that, after 1999,
revision petitions filed under Section 115 CPC are not maintainable against
interlocutory orders.” Therefore, it was made clear that there cannot be a revision
against an interlocutory order