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SECTION 115, 115A CODE OF CIVIL PROCEDURE 1908

What is Revision? What is District Court's powers of revision? Section 115 and 115A of Code of Civil Procedure 1908

Revision and District Court's powers of revision are defined under Section 115 and 115A of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 115 of Code of Civil Procedure 1908 "Revision"

(1) The High Court may call for the record of an 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 no, 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-

(a) 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, or

(b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.

(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.

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
Madhya Pradesh- For Section 115 of the principal Act, the following Section substituted.

"115. Revision.- The High Court may call for the record of any cases 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 proceedings except where:-

(a) the order, if it had been made in favour of the party applying for the revision, would have finally disposed of the suit or proceeding; or

(b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.

(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.

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.
[M.P. Act 4 of 1994].

Orissa.- In its application to the State of Orissa, for section 115, substitute the following:-
"115. 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 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."

[Orissa Act 26 of 1991].

Uttar Pradesh.- In its application to the State of Uttar Pradesh, for section 115, substitute the following:-

"115 Revision.- The High Court, in cases arising out of original suits or other proceedings 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 U.P. Civil Laws (Amendment) Act, 1991, or as the case may be, the date of commencement of such notification 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 not, under this section, vary or reverse any order including an order deciding an issue, made in the course of a suit or other proceeding, except where,-

(i) 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:

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 shall proceed to dispose of the same.

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."

[U.P. Acts 31 of 1978 and 17 of 1991]

West Bengal- After Section 115 of the Code the following section 115A inserted:

Section 115A of Code of Civil Procedure 1908 "District Court's powers of revision"

(1) A District Court may exercise all or any of the power which may be exercised by the High Court under section 115.

(2) Where any proceedings by way of revision is commenced before a District Court in pursuance of the provision of sub-section (1), the provisions of section 115 shall, so for as may be, apply to such proceeding and references to the said section 60 the High Court shall be construed as reference to the District Court.

(3) Where any proceeding for revision is commenced before the District Court, the decision of the District Court on such proceeding shall be final and no further proceeding by way of revision shall be entertained by the High Court or any other Court.

(4) If any application for revision has been made by any party either to the High Court under section 115 or to the District Court under this section, no further application by the same party shall be entertained by the other of them.

(5) A Court of an Additional Judge shall have and may exercise all the powers of a District Court under this section in respect of any proceeding which may be transferred to it by or under any general or special order of the District Court"

[West Bengal Act No. 15 of 1988].

Code of Civil Procedure 1908

What is the meaning Second appeal on no other grounds? What is the meaning No second appeal in certain suits? Section 101 and 102 of Code of Civil Procedure 1908

What is the Power of High Court to determine issues of fact? What are the Orders from which appeal lies? Section 103 and 104 of Code of Civil Procedure 1908

What are Other orders? What Courts to hear appeals? What are the Powers of Appellate Court? Section 105, 106 and 107 of Code of Civil Procedure 1908

What is the Procedure in appeals from appellate decrees and orders? When appeals lie to the Supreme Court? What is Savings? Section 108, 109 and 112 of Code of Civil Procedure 1908

What is Reference to High Court? What is Review? Section 113 and 114 of Code of Civil Procedure 1908

What is Revision? What is District Court's powers of revision? Section 115 and 115A of Code of Civil Procedure 1908

What is the meaning Part to apply only to certain High Courts? What is Application of Code to High Court? What is Execution of decree before ascertainment of costs? Section 116, 117 and 118 of Code of Civil Procedure 1908

What is the meaning Unauthorized persons not to address Court? What are the Provisions not applicable to High Court in original civil jurisdiction? Section 119 and 120 of Code of Civil Procedure 1908


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