Code of Civil Procedure 1908

Reference, Review and Revision

Dr. Khakare VikasAsso. Prof.

Narayanrao Chavan Law College, Nanded, India

.

REFERENCE [Section 113, Order XLVI]

REVIEW [Section 114, Order XLVII]

REVISION [Section 115]

REFERENCE [Section 113, Order XLVI]

A subordinate Court can refer a case for opinion of High Court. During trial of a case trial Court may have a doubt as to any question of

law involved in that case. Then such Court may state the case and refer to High Court for opinion

and decide the case accordingly. Any Court may state a case and refer the same for the opinion of the High

Court, and the High Court may make such order thereon as it thinks fit.

When a subordinate Court may refer case to High Court

When before a subordinate court-

i. Involves a question as to validity of any Act, Ordinance or Regulation or of any provision thereof, and

ii.The determination of such question is necessary for the disposal of the case, and

iii.In the opinion of the Court such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by High Court or Supreme Court.

Procedure relating to reference

A reference may be made by any Court – where in a suit or an appeal in which the decree is not subject to appeal OR any question of law or usage having the force of law arises OR there is doubts whether the suit is cognizable by a Court or is not so cognizable.

Court can refer a case for reference suo moto or application made by a party. The Court must draw up a statement of the facts of the case and the point on

which doubt is entertained. Such statement must be referred to High Court along with its own opinion.

---The Court must draw up a statement of the facts of the case and the point on which doubt is entertained. Such statement must be referred to High Court along with its own opinion.

Court may either stay the proceedings or proceed in the case notwithstanding such reference

The High Court, after hearing the parties if they appear and desire to be heard, shall decide the point so referred, and shall transmit a copy of its judgment.

High Court may return the case for amendment, and may alter, cancel or set aside any decree or order which the Court making the reference has passed or made in the case out of which the reference arose, and make such order as it thinks fit.

REVIEW [Section 114, Order XLVII]

Review means to reconsider, to re-examine or to re-assess or to look again matter referred to it.

It is judicial re-examination by the same Court. Generally it is to correct one’s own decisions.

It is an exception to the general rule that, once the judgment is pronounced, it becomes functus officio i.e. the Court ceases to have control over the case and Court has no jurisdiction to alter it.

Who can apply for review

By a person aggrieved by 1.by a decree or order from which an appeal is allowed by

this Code, but from which no appeal has been preferred, 2.by a decree or order from which no appeal is allowed by

this Court, or 3.by a decision on a reference from a Court of Small

Causes.

Court to which review application can be made

A review application can be made to the Court who passed the decree or order or its officer in successor.

Grounds of review

A review application must contain following grounds

i. Discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or

ii.On account of some mistake or error apparent on the face of the record or

iii.For any other sufficient reason.

Grounds of objection by respondent A review petition may objected on the ground of 1.That the review application is not made to the Court who passed

order or decree,2.There is no ground for review i.e. no new evidence, no

error/mistake on face of record.3.That the party besides knowledge, failed to produce such

evidence during trial,4.No notice was given to opposite party as required,5.Review application was made after expiry of limitation period

without any application for delay condonation.

REVISION [Section 115]

To revise means to look again and correct.

Object of this provision is to enable High Court to correct, when necessary, certain clauses of errors of jurisdiction committed by the subordinate Courts.

When High Court may review

The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears:

1.To have exercised a jurisdiction not vested in it by law; or 2.To have failed to exercise a jurisdiction so vested; or 3.To have acted in the exercise of its jurisdiction illegally or with

material irregularity, the High Court may make such order in the case as it thinks fit.

When High Court can use revision power

High Court can exercise its revision power when:

1.Person aggrieved by an order passed by subordinate Court make application or

2.High Court may suo-motu considers it necessary.

Conditions for revision

1.There must be a case decided

2.The Court deciding the case must be subordinate to High Court

3.Order passed is non appealable

4. In deciding the case, subordinate Court must appear to have:

a)Exercised jurisdiction not vested in it by law. b)Failed to exercise the jurisdiction so vested. c)Acted in the exercise of its jurisdiction illegally or with

material irregularity.

APPEAL REFERENCE

Right to appeal is vested in party to suit.

An appeal is preferred to higher/superior Court. (including High Court)

Grounds of appeal are question of fact or law involved in the litigation and it is more comprehensive than grounds of reference.

Appeal is possible when proceeding is concluded by decree or when an appealable order is passed.

Right of reference is vested with the Court.

Reference is always preferred to High Court.

Ground of reference is validity of any Act, Ordinance, Regulation or provision of an Act.

Reference is made while proceeding is pending.

APPEAL REVIEW An appeal is preferred to

higher/superior Court.

Appeal is heard by different judge.

Ground of appeal may be question of law or fact.

Second appeal is possible.

Application for review lies to same Court who passed decree or order.

In review same judge reconsiders order or judgment passed by him.

The ground of review is finding new evidence, error on face of record or like sufficient reason.

No second review is possible.

APPEAL REVISION Appeal is preferred by party to suit.

An appeal is preferred to higher/superior Court. (including High Court)

Right to appeal is substantive right.

Ground of appeal may be question of law or fact.

A revision is preferred by party to suit OR High Court may itself call for records for revision.

Revision is preferred to High Court.

Right of revision is discretionary.

Ground of revision is always related with point of jurisdiction exercised by lower Court.

Thank you.