Review and Revision under CPC: Sections 114 and 115

Review and revision are two special remedies in civil procedure that are different from an ordinary appeal. A review asks the same court to correct a decree or order. A revision asks the High Court to examine whether a subordinate court acted within its jurisdiction. They are governed by Section 114 and Order 47 and Section 115 of the Code of Civil Procedure, 1908 (CPC). This guide explains how each works and where each is suitable.

Review and revision: review under Section 114 and Order 47

A party who is aggrieved by a decree or order can apply for review to the court that passed it. Order 47 Rule 1 allows review on the following grounds:

• Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the applicant’s knowledge or could not be produced at the time.
• Mistake or error apparent on the face of the record.
• Any other sufficient reason, which courts read as a reason similar to the grounds above.

A review is not an appeal in disguise. The Supreme Court has repeatedly held that it cannot be used to re-argue the case or to ask the court to take a different view. An error that needs a long process of reasoning is not an error apparent on the face of the record. The court’s power is limited, and a wrong decision on a point of law is for the appellate court to correct.

### Who can seek review and when

• A party aggrieved by a decree or order from which no appeal has been preferred, or from which no appeal is allowed, can apply under Order 47 Rule 1.
• The limitation is thirty days from the date of the decree or order, as in Article 124 of the Limitation Act, 1963. The delay can be condoned.
• The application is filed before the same judge who passed the order, if available.

### Procedure and effect

The court first decides whether to admit the application. If it is admitted, notice is issued to the other side, and the case is heard again to the extent needed. An order rejecting a review application is not appealable, and an order granting review can be challenged only on limited grounds (Order 47 Rule 7), though other remedies may exist.

Revision under Section 115

Revision is a power of the High Court to call for the record of any case decided by a subordinate court in which no appeal lies, and to examine whether the subordinate court:

• exercised a jurisdiction not vested in it by law;
• failed to exercise a jurisdiction so vested; or
• acted in the exercise of its jurisdiction illegally or with material irregularity.

### Limits on revision after 1999

The 1999 and 2002 amendments narrowed the power. The High Court cannot vary or reverse an order in revision unless the order, if made in favour of the applicant, would have finally disposed of the suit or other proceeding, or it would occasion a failure of justice or irreparable injury. The Supreme Court upheld the effect of the amendment in *Shiv Shakti Coop. Housing Society v. Swaraj Developers* (2003). Therefore, a revision against purely interim orders is limited.

### Commercial Courts Act

Under the Commercial Courts Act, 2015, revision against an interlocutory order is barred by Section 8. Remedies are by appeal as provided in that Act, or by a petition under Article 227 in suitable cases.

Article 227 supervisory jurisdiction

The High Court also has supervisory power over all courts and tribunals within its territory under Article 227 of the Constitution. The Supreme Court in *Radhey Shyam v. Chhabi Nath* (2015) held that orders of civil courts are to be challenged under Article 227 and not by a writ of certiorari under Article 226. The power is used sparingly, to correct jurisdictional errors or manifest injustice.

Comparing the remedies

• Appeal: To a higher court, on facts and law, against a decree or appealable order. See our guide on first appeal under Section 96 CPC.
• Review: To the same court, for limited reasons such as error apparent, within thirty days.
• Revision: To the High Court, where no appeal lies, for jurisdictional error.
• Article 227: Supervisory power of the High Court, used in exceptional cases.

Practical tips

• Choose the remedy carefully. Filing a review does not extend the time for filing an appeal, unless the law provides for exclusion of time spent bona fide.
• If you can appeal, appeal. Use review for clear errors that are visible on the record.
• State precisely the error and the portion of the record that shows it.
• For orders rejecting a plaint or an application at an early stage, read rejection of plaint under Order 7 Rule 11 CPC and setting aside an ex parte decree for the correct routes.

The Code is available on India Code.

Frequently Asked Questions

What is review in civil law?

It is an application to the same court that passed a decree or order, asking it to correct the decision on grounds such as new evidence, an error apparent on the face of the record or another sufficient reason.

What is the time limit for filing a review?

Thirty days from the date of the decree or order, as per the Limitation Act, subject to condonation of delay for sufficient cause.

What is revision under Section 115 CPC?

It is the High Court’s power to examine the record of a subordinate court’s case, where no appeal lies, to check for jurisdictional errors or material irregularity.

Can an appeal and a review be filed together?

If an appeal has been filed, the party cannot seek review on the same matter unless the appeal is withdrawn. The rule is in Order 47 Rule 1 and should be read carefully.

Can the High Court interfere with an interim order in revision?

Only if the order, had it been decided in favour of the applicant, would have finally disposed of the matter, or if it would cause failure of justice or irreparable injury.

What is the difference between Article 226 and Article 227 for civil orders?

The Supreme Court has held that orders of civil courts are to be challenged under Article 227, which is a supervisory power, and not under a certiorari writ under Article 226.

Is a lawyer needed for review and revision?

These remedies have narrow grounds and strict limits, so a lawyer’s advice is important to choose the correct one and avoid wasted time.

This article is general legal information and not a substitute for advice on your specific case. Consult an advocate before acting.