Revision (Section 115)
1. Essential Nature & Triggering Grounds
- The Main Trigger: Whenever a question of jurisdiction arises during a civil suit, a Revision is filed (not an appeal or review).
- Legal Nature: Revisional power exercised by the High Court (or District/Session Court where applicable) is strictly discretionary in nature. It is a supervisory tool, not an automatic right of the applicant.
- The Power to Recall: Under Section 115(1), the High Court may call for the record of any case decided by a subordinate court in which no appeal lies.
2. The Three Statutory Grounds for Revision [Section 115(1)]
A revision can only be invoked on specific jurisdictional grounds where the subordinate court appears:
- To have exercised a jurisdiction not vested in it by law (over-exercised/acted without jurisdiction).
- To have failed to exercise a jurisdiction so vested (refused to use its lawful power).
- To have acted in the exercise of its jurisdiction illegally or with material irregularity.
GAT Exception Trap: A revision cannot be filed on the ground of "failing to exercise a jurisdiction not vested." The court must fail to exercise a jurisdiction that was vested in it.
3. Statutory Bars & Inter-Court Limitations [Section 115(4)]
- The Absolute Bar: Under Section 115(4) of the CPC, no proceeding in revision shall be entertained by the High Court against an order made under subsection (2) by the District Court. Once the District Court exercises its revisional power, you cannot seek a second revision at the High Court.
4. Limitation Periods & Procedural Requirements
- Limitation Period: An application for revision must be filed within 90 days of the decision of the subordinate court.
- Punjab Province Deadline: In the Punjab Province, the High Court shall dispose of an application of revision within 6 months.
- Supporting Documentation: When making an application for revision, the petitioner must furnish all of these in support: