Section 8 of the Commercial Courts Act, 2015: Bar Against Revision of Interlocutory Orders
Section 8 of the Commercial Courts Act, 2015 restricts ordinary civil revision proceedings against interlocutory orders passed by a Commercial Court. The provision expressly includes interlocutory orders dealing with jurisdiction and directs that such challenges, subject to Section 13, are ordinarily to be raised in the appeal against the decree.
Text of Section 8
8. Bar against revision application or petition against an interlocutory order.
Notwithstanding anything contained in any other law for the time being in force, no civil revision application or petition shall be entertained against any interlocutory order of a Commercial Court, including an order on the issue of jurisdiction, and any such challenge, subject to the provisions of section 13, shall be raised only in an appeal against the decree of the Commercial Court.
Meaning and effect of Section 8
The opening words, "Notwithstanding anything contained in any other law for the time being in force", give Section 8 an overriding effect over inconsistent statutory remedies. Its purpose is to prevent commercial suits from being repeatedly interrupted by ordinary civil revision proceedings against interim or interlocutory orders.
An interlocutory order is generally an interim order made during the progress of a case rather than the final decree disposing of the suit. The Commercial Courts Act does not separately define the expression "interlocutory order" in Section 8. The exact character of an order therefore depends on its nature and legal effect.
Section 8 expressly mentions an order on the issue of jurisdiction. Accordingly, a party cannot ordinarily bypass the statutory scheme merely because the interlocutory order concerns the Commercial Court's jurisdiction.
What is a Commercial Court?
Under Section 2 of the Act, a "Commercial Court" means a Commercial Court constituted under Section 3(1). Commercial Courts adjudicate commercial disputes of specified value falling within the statutory framework of the Act.
Relationship between Section 8 and Section 13
Section 8 must be read with Section 13, which governs appeals from judgments, orders and decrees of Commercial Courts and Commercial Divisions. Section 13 also limits appeals from interlocutory orders to the categories permitted by the Act, including orders specifically appealable under Order XLIII of the Code of Civil Procedure, 1908 as amended by the Commercial Courts Act, and orders appealable under Section 37 of the Arbitration and Conciliation Act, 1996 where applicable.
Key points at a glance
- Ordinary civil revision applications or petitions against interlocutory orders of a Commercial Court are barred.
- The bar expressly extends to interlocutory orders deciding an issue of jurisdiction.
- Where Section 13 permits a statutory appeal from a particular order, that appellate remedy must be considered in accordance with Section 13.
- Other interlocutory challenges are ordinarily carried forward and raised in the appeal against the decree.
- The provision is intended to reduce interruptions in commercial litigation and support expeditious disposal.
Article 227 of the Constitution and Section 8
Section 8 bars statutory civil revision proceedings, but High Courts have distinguished that bar from the constitutional supervisory jurisdiction under Article 227 of the Constitution of India. Article 227 jurisdiction is not treated as an ordinary substitute for a barred revision and is exercised only within its narrow supervisory limits. A party should therefore not assume that every interlocutory Commercial Court order can be challenged immediately under Article 227.
Practical note: Before challenging an interlocutory order, examine the nature of the order, the proviso to Section 13, Order XLIII of the Code of Civil Procedure, 1908, and, where arbitration is involved, Section 37 of the Arbitration and Conciliation Act, 1996.
Related provisions of the Commercial Courts Act, 2015
Last reviewed: 14 September 2026.