Reference, Review, and Revision under the Code of Civil Procedure, 1908

The Code of Civil Procedure, 1908 (CPC) provides mechanisms for the correction and clarification of judicial decisions through Reference, Review, and Revision. These provisions ensure that errors, jurisdictional overreach, or questions of law are addressed systematically, maintaining the integrity of judicial proceedings.

1. Reference (Section 113)

Objective: Reference allows a subordinate court to seek the opinion of the High Court when it encounters significant legal or constitutional questions.

Key Features:

• Grounds for Reference:
  A subordinate court can state a case and refer it to the High Court if:
  • The case involves a question about the validity of an Act, Ordinance, or Regulation.
  • The determination of such validity is necessary for the case’s resolution.
  • The validity of the law has not been declared by the High Court or the Supreme Court.
• Procedure:
  • The court must document its opinion and reasons before referring the case to the High Court.
  • The High Court provides its opinion and may issue orders as it deems fit.
• Explanation of Regulation:
  Regulations refer to those defined under the General Clauses Act, 1897 or any corresponding State Act.

Example: A subordinate court hearing a case that challenges the constitutionality of a state law may refer the matter to the High Court for clarification.

2. Review (Section 114)

Objective: Review provides a way for parties to seek a reconsideration of a judgment or order by the same court that issued it, under specific circumstances.

Eligibility for Review:

A person aggrieved by:

• Decrees or Orders:
  • From which an appeal is allowed but not preferred.
  • From which no appeal is allowed.
• Decisions on Reference: Decisions referred to the court by Small Causes Courts.

Procedure for Review:

• The application for review must be submitted to the same court that passed the decree or order.
• The court has the discretion to grant or deny the review, depending on the circumstances.

Scope of Review:

• The scope is limited to errors apparent on the face of the record or discovery of new evidence. It is not an opportunity to reargue the case.

Example: A party may seek a review if the court’s judgment overlooks a crucial piece of evidence submitted in the case.

3. Revision (Section 115)

Objective: Revision empowers the High Court to examine the decisions of subordinate courts to ensure they adhere to the law and do not overstep their jurisdiction.

Grounds for Revision:

The High Court may call for the record of a case decided by a subordinate court if:

• The subordinate court has:
  • Exercised jurisdiction not vested in it by law.
  • Failed to exercise jurisdiction vested in it by law.
  • Acted illegally or with material irregularity in exercising its jurisdiction.

Limitations on Revision:

• No Appeal Permissible: Revision applies only when no appeal lies to the High Court or any subordinate court.
• Interim Orders: The High Court cannot revise orders made during the course of a suit unless they could dispose of the case if decided otherwise.
• No Stay of Proceedings: A revision does not automatically stay proceedings unless explicitly ordered by the High Court.

Explanation:

The term “any case which has been decided” includes interim orders or decisions on specific issues during the suit.

Example: If a subordinate court hears a case outside its jurisdiction, the High Court can intervene through revision and pass corrective orders.

Comparison: Reference, Review, and Revision

Importance of These Provisions

1. Judicial Clarity: Reference ensures that significant questions of law are interpreted correctly by higher courts.
2. Error Rectification: Review enables the same court to address errors or omissions in its judgment.
3. Jurisdictional Oversight: Revision prevents subordinate courts from exceeding or neglecting their jurisdiction.
4. Consistency: These provisions ensure consistent application of law and procedural fairness.

Conclusion

The provisions of Reference, Review, and Revision under the CPC are critical to maintaining the credibility and fairness of the judicial process. By allowing higher courts to guide and correct lower courts, these mechanisms ensure that justice is not only done but seen to be done. Whether seeking legal clarity, rectifying errors, or addressing jurisdictional overreach, these tools strengthen the judicial framework and uphold the rule of law in India.

If you’re seeking expert legal advice or assistance on Reference, Review, and Revision under the Code of Civil Procedure, 1908, it is crucial to consult with a trusted law firm that specializes in complex legal matters. The provisions related to reference, review, and revision play a vital role in maintaining the integrity of judicial proceedings, ensuring that errors, jurisdictional issues, and substantial questions of law are addressed by the appropriate authorities.

At Legal Light Consulting, we have a dedicated team of legal experts with deep knowledge of procedural law, including the intricacies of Section 113 (Reference), Section 114 (Review), and Section 115 (Revision). Our experienced lawyers can guide you through the process of challenging judicial decisions, ensuring your legal rights are protected, and seeking the appropriate remedies as per the law.

Contact us today to discuss your case and find out how we can assist in securing a favorable resolution through expert legal counsel. Whether it’s seeking a review of a judgment, challenging a lower court’s jurisdiction, or obtaining an opinion on significant legal issues, we are here to help you navigate the complexities of the Indian legal system.

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