Page 1 of 3 REVISION.

Section 115 - empowers the High Court to entertain revision in any case decided in a subordinate Court in certain cases. The High Court may call for records of any case decided by a subordinate Court to which no appeal lies if the subordinate Court appears to have a. Exercise jurisdiction not vested by law; b. Failed to exercise jurisdiction so vested; c. Acted in exercise off its jurisdiction illegally or with material irregularity. Only applicable where the order if made in favour of the revisioner would have finally disposed of the suit. 1. No stay. 2. Non appealable cases only. 3. Case decided means - any order made or deciding an issue in course of the suit. In Major Khanna v Brigadier Dhillon, the court held that revision will apply where no question of jurisdiction decision can be corrected. It also held that Section 115 is like the writ of certiorari but the writ is wider in scope. In the Pandurang case it was held that It is not for the court to correct mistakes of fact or law unless they have relation to the jurisdiction. Findings on pleas like res judicata or limitation which oust the jurisdiction, Section 115 will apply. Section 115 Only Judicial A statutory power which may be taken away Review is restricted to conditions in s.115 Article 227 Judicial as well as administrative Constitutional, can't be taken away No Such Restriction

Conversion of appeal to revision -reliable water supply case -if in a case... does not... the memo of appeal may be treated as a revision and vice versa by involving the inherent power under Section 115. Appeal Lies to Superior Court not necessarily the High Court Appeal lies only from decree and appealable orders Abates if L.R not brought on It is a substantive right conferred by statute Lies a question of fact, law or mixed Revision Applies only to the High Court Lies only from non appealable orders Does not abate High Court may bring any person or parties at any time. It is a discretionary power Only on jurisdiction error

Page 2 of 3 Memorandum of appeal must be filed No need to file application. High Court can suo motu take cog. In an appeal there is a right to hear law as well Only for satisfaction that case decided as facts according to law. No power to reexamine or re asses or review evidence unless it relates of jurisdiction Second Appeal Lies on substantial question of law Lies only under section 100 It can interfere with the decree if illegally wrong Can decide question of fact under section 103. Can't refuse to grant relief on... grounds. Revision Applies in cases where no appeal. As long as the jurisdiction, can't interfere even if illegally wrong. Can't unless linked to jurisdiction. Discretionary power may forego if substantial ... Reference Power vested in Court Only to High Court. Grounds Narrow. Reference in a pending suit Review Same Court Same subject matter reconsidered by same judge Narrow No second review

Appeal Right conferred on suitor Can be filed in Supreme Court not necessarily High Court Grounds for appeal are wider An appeal can lies only after decree or an order Appeal Superior Court Different judge Grounds wider Second appeal on substantial question of law

Reference Subordinate Court that refers the matter High Court can only decide on the matter Reference made in a pending suit

Review Application made by party Same Court which decided that case.

Reference Case referred to High Court by subordinate

Revision Jurisdiction of High Court invoked by parties 2

Page 3 of 3 Court Reference related to reasonable doubt on question of law Review Review by same Court Can be made where appeal lies Party is to apply Order granting review is appealable Relates to jurisdictional error

Revision Only to High Court Only in cases where no appeal lies Can be suo motu Order passed in exercise of revisional jurisdiction not appealable

Conditions for granting of revision 1. Decided case - Major Khanna case -understood as part of proceedings as well. Therefore revision can lie against interlocutory orders. 2. Must not be appealable 3. By subordinate Court 4. Grounds under section 115 to be satisfied 5. Period of limitation - 90 days. 6. No letters patent appeal from an order in revision of jurisdiction.