Application of Code to High Courts

 

Code of Civil Procedure Section

 

117. Application of Code to High Courts.—Save as provided in this Part or in Part X or in rules, the provisions of this Court shall apply to such High Courts.

 

Code of Civil Procedure Section

Part to apply only to certain High Courts

 

Code of Civil Procedure Section

 

PART IX

SPECIAL PROVISIONS RELATING TO THE ¹[HIGH COURTS 7[NOT BEING THE COURT OF A JUDICIAL COMMISSIONER ]

116. Part to apply only to certain High Courts.—This Part applies only to High Courts ²[not being the court of a Judicial Commissioner].

Note: 1. Subs. by Act 2 of 1951, s. 14, for “CHARTERED HIGH COURTS”.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for “For Part A States and Part B States”.

 

Code of Civil Procedure Section

Section 115: Revision

 

Code of Civil Procedure 

 

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).

 

Code of Civil Procedure 

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]

Section 114: Review

 Code of Civil Procedure Section 113. Reference to High Court.

114. 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.

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 115. Revision.

Simplified explanation:

Order XLVII Rule 1 deals with the power of review. Section 114 read with O.47 R.1 C.P.C. prescribes the limitations for entertaining a review petition. The same are: that the party filing the application for review has discovered a new and important matter or evidence after exercise of due diligence which was not within its knowledge or could not be produced by it at the time when the decree was passed; or order made or on account of some mistake or error apparent on the face of the record; or ‘for any other sufficient reason.’

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Complete note on "Review Application"

Judgments on Review Application

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Reference: http://www.nja.nic.in/16%20CPC.pdf

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Reference to High Court

 

Code of Civil Procedure Section

 

PART VIII

REFERENCE, REVIEW AND REVISION

113. 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:

¹[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 therefore, 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.]

Note 1: Added by Act 24 of 1951, s. 2.

Code of Civil Procedure Section

Savings

 

Code of Civil Procedure Section

 

112. Savings.—¹[(1) Nothing contained in this Code shall be deemed—

(a) to affect the powers of the Supreme Court under article 136 or any other provision of the Constitution; or

(b) to interfere with any rules made by the Supreme Court, and for the time being in force for the presentation of appeals to that Court, or their conduct before that Court.]

(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty jurisdiction or to appeals from orders and decrees of Prize Courts.

Note: 1. Subs, by the A.O. 1950, for the former sub-section (1).

 

Code of Civil Procedure Section

When appeals lie to the Supreme Court

 

Code of Civil Procedure Section

 

APPEALS TO THE SUPREME COURT

¹[109. When appeals lie to the Supreme Court.—Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies—

(i) that the case involves a substantial question of law of general importance; and

(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.]

Note: 1. Subs. by Act 49 of 1973, s. 2, for section 109.

 

 

Code of Civil Procedure Section