115. Revision.—1[(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:
2[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.]
3[(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.
4[(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.]
Note: 1. S. 115 re-numbered
as sub-section (1) by Act 104 of 1976, s. 43 (w.e.f 1-2-1977).
2. Subs. by Act 46 of 1999,
s.12, for “proviso” (w.e.f. 1-7-2002).
3. Ins. by Act 104 of 1976,
s. 43 (w.e.f 1-2-1977).
4. Ins. by Act 46 of 1999,
s.12 (w.e.f. 1-7-2002).
Effect
of amendment:
Earlier the
remedy of final civil revision under Section 115 of the C.P.C. could have been
availed of by the appellant herein but that remedy is not available to the
appellant because of the amendment made in Section 115 of the C.P.C. by
Amendment Act 46 of 1999 w.e.f. 01.07.2002.[1]
Section 115
of the Code of Civil Procedure as amended does not now permit a revision
petition being filed against an order disposing of an appeal against the order
of the trial court whether confirming, reversing or modifying the order of
injunction granted by the trial court. The reason is that the order of the High
Court passed either way would not have the effect of finally disposing of the
suit or other proceedings. The exercise of revisional jurisdiction in such a
case is taken away by the proviso inserted under sub-section (1) of Section 115
of the CPC.[1]
List of
Cases:
[1] Surya
Dev Rai vs Ram Chander Rai & Ors [SC]
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