Courtesy: Sheetal Pokhriyal
Section 115 of the Civil Procedure Code 1905 empowers the High Court with the authority to call for the records of cases decided by subordinate courts. This critical mechanism ensures that justice is effectively administered and that the decisions rendered by subordinate/ trial courts align with established legal standards and principles. Specifically, the High Court can intervene when a subordinate court has either exercised jurisdiction beyond what is legally conferred, failed to exercise the jurisdiction it is entitled to, or acted in a manner deemed illegal or characterized by material irregularities.
Under which law and section is civil revision defined in India?:
Civil revision is governed by Section 115 of the Code of Civil Procedure, 1908 (CPC), which grants the High Court the power to revise orders passed by Trial courts if they have committed an error in jurisdiction or if their decisions suffer from material irregularities or legal errors. This power is discretionary and limited to specific instances, primarily focusing on cases where no appeal lies but a substantial error of jurisdiction or legal procedure has occurred.
Is there an absolute bar in civil revision in case of alternate remedy of appeal is available?
Section 115(2) of C.P.C. provides that, the High Court shall not, under section 115(1), vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto. However, the High Court has laid down that the availability of alternate remedies is not an absolute bar. In Civil Revision No. 75 of 2024, where a preliminary objection was taken regarding the availability of alternate remedies, the Hon’ble High Court held that it is not an absolute bar (Para 13). However, it is pertinent to mention that the wise path is to check Orders 41 and 43 of Civil Procedure Code, and thereafter, if there is no remedy of appeal, the remedy of revision must be opted.
What criteria must be met for a case to be eligible for civil revision at the Allahabad High Court?
Making out a case for civil revision before the Allahabad High Court comprises meeting specific conditions outlined under the relevant laws and procedural rules governing such revisions.
· Absence of an Appeal: The order or decision in question must not be appealable. Civil revision is usually sought when no other remedy, such as an appeal, is available. However, this has been dealt with above.
· Jurisdictional Error: The subordinate court must have acted without jurisdiction, exceeded its jurisdiction, or failed to exercise its jurisdiction properly.
· Material Irregularity: There should be a material irregularity in the procedure or a significant error of law that has adversely affected the outcome of the case.
· Substantial Injustice: The revision is often sought to correct substantial injustice caused by the trial court’s decision.
A civil revision can be filed on several grounds, primarily focusing on errors committed by the subordinate court. Common grounds include lack of jurisdiction, where the lower court acted beyond or failed to exercise its jurisdiction, rendering its order invalid. Additionally, material irregularity may be present due to significant procedural violations that affect the fairness of the proceedings. An error of law, such as misinterpretation or incorrect application of the law by the lower court, can also be grounds for revision. Furthermore, failure to consider relevant evidence can lead to unjust conclusions if essential facts are overlooked. Misapplication of legal principles may result in decisions based on incorrect precedents, while substantial injustice to one of the parties may necessitate intervention to rectify the wrong. The jurisdiction of Civil Revision, hence, is narrow and only when there is some illegality or incorrectness in the order, the remedy under Civil Revision must be availed.
What relief can the High Court provide under civil revision?:
The Allahabad High Court can provide various forms of relief based on the merits of the case and the grounds raised. The typical types of relief include:
· The High Court has the authority to set aside the order made by the Trial Court if it finds that the order was made without jurisdiction or in violation of legal principles.
· The High Court may remand the case to the subordinate court for reconsideration. This usually happens when the High Court identifies issues that require further examination or if the lower court fails to consider certain aspects properly.
· In certain situations, the High Court may modify the order of the lower court rather than completely setting it aside. This can include changing the terms of an injunction, altering the amount of damages awarded, or providing specific directions for compliance.
Can we get some form of Interim Relief?
While considering a civil revision, the High Court can grant interim relief, such as staying the execution of the lower court’s order to preserve the status quo until the final determination of the revision petition. For this, a Stay Application is also submitted before the Hon’ble Court with a prayer for an interim stay during the pendency of the Civil Revision.
What are some of the orders which are impugned under Civil Revision?
Various orders can be challenged by filing a Civil Revision. However, one must be aware that Article 227 of the Constitution of India also provides for somewhat similar jurisdiction, however, the ambit of civil revision is narrow.
Orders challenged can be orders allowing Application under Order 7 Rule 11 C.P.C, Order rejecting Additional Evidence under Order 41 Rule 27 C.P.C, Orders rejecting Amendment of Pleadings, etc.
Remedies
In conclusion, civil revision serves as a legal mechanism for correcting errors made by subordinate courts, ensuring justice where appeals are not available. The Allahabad High Court’s jurisdiction under Section 115 C.P.C. acts as a safeguard, addressing jurisdictional overreach, material irregularities, and legal errors that could otherwise result in substantial injustice.
The grounds to be taken under Civil Revision are legal in nature. Therefore, an advocate must analyze the facts and circumstances, before preparing grounds, attach relevant documents to the affidavit supporting the grounds taken under Civil Revision, and establish the case under Section 115(1) of the Civil Procedure Code.