Reference

Reference, Review, Revision

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Ivil procedure code neither creates nor take away any right. It is intended to regulate the procedure
followed by the civil court. The procedure must not be complex and the litigant must get a fair trial in
accordance with the accepted principles of natural justice. Preamble of the code says that it was
enacted to consolidate and amend the laws relating to the procedure to be followed in the civil court
having civil jurisdiction in India.

The main aim of CPC is to facilitate justice and seek an end to the litigation rather than provide any
form of punishment and penalties. So some inherent powers are also given to the court to meet such
circumstances according to the principles of natural justice, equity and good conscience. In India we
have three tier of judiciary.

The district, High court and the Hon'ble supreme court of India. Every day so many cases are filed
and each case having different circumstances. When hearing is going on different questions rises
before the court and the court has to decide all the questions according to law. Some times such
questions requires the opinion of High Court, such doubtful question can be cleared from the
superior courts.

Meaning of reference
Reference is mentioned under sec113 of CPC. Where the subordinate court refers the case
involving the question of law to the Highcourt for the opinion on that matter, reference is made to the
Highcourt when it has reasonable doubt during any suit, appeal, execution proceeding etc.Reference
means referring a case to Highcourt on a question of law.

Sec113 of civil procedure code

Sec113 empowers a subordinate court to state a case and refer the same to the Highcourt for its
opinion. Such opinion can be seeked when the subordinate court has a doubt on a question of law.
so a reference can be made on a question of law only when the judge trying the case has a
reasonable 3 doubt about it.

No party to the suit has the right to apply for reference. It is only the subordinate court as the power
of reference suo moto. Where there is doubt regarding the validity of any legal provision, for matters
other than the validity of legal provision, 4 the court is not found to refer to the High Court. A Tribunal
or persona designate cannot be said to be a court and no 5 reference can be made by them.

Object of Reference
The underlying object for this provision is to enable subordinate court to obtain in non appealable
cases the opinion of High court in the absence of a question of law and there by avoid the
commission of an error which could not be 6 remedied later on. Such provision also ensures that the
validity of a legislative provision (Act, Ordinance or regulation) should be interpreted and decided by
the highest court in the state and there wouldn't remain any chance of misrepresentation. Reference
should be made before passing of the judgment in the court.

Conditions for Reference:

Order 46 Rule 1 requires the following condition for a subordinate court to make a reference:

1. Suit or appeal must be pending in which the decree is not subject to appeal or a pending
proceeding in execution of such decree.
2. There must arise a question of law in such suit, appeal or proceeding.
3. The court trying the suit or appeal or executing the decree must have a reasonable doubt on
such question.

The subordinate court having a doubt on question of law may be divided into two classes:

1. The question related to the validity of any Act, Ordinance or regulation and any other
questions.

Under the second condition reference is optional, but in the first condition it is obligatory, if
the following conditions are fulfilled:

1. It is necessary to decide such question in order to dispose of the case.

2. The subordinate court is of the view that impugned Act, ordinance or regulation is ultra- virus
and.
3. There is no determination either by the supreme court or by the High Court to which such
court is subordinate that such Act, Ordinance or Regulation is ultra virus.It is also essential
that only a court can make a reference on 9 application of parties or sumoto, on its own
discretion having fulfilled the above conditions.

The apparent requirement of court to make sure such question must have been arisen
between parties to the suit and hence port leaves no scope for reference on a hypothetical
question which is based on pillars of may or might on a point likely to arise to in future.

So it is clear that a reference can be made in a suit, appeal or execution proceeding pending
before the court only when there is a doubt of law.

Power and Duty of The High Court

The High Court has consultative jurisdiction in this regard. In deciding and dealing with it High court
is not found to decide only the question of law in doubt,it can consider new aspects of law. So it is
fully discretion of the Highcourt as mentioned Order 46 of the civil procedure code.It as discretion to
refuse to answer the question are even power to quash it.

Review
It is the process of judicial reexamination of a case by the same court and by the same judge who
has passed the judgment or order. Sec 114 of CPC gives a substantive right of review in certain
circumstances and the procedure to be followed for review is laid down in Order 47 of the code.
The general rule is that once a judgment is signed and pronounced by the court, that court ceases to
have control over the matter. The court passing the judgment or order cannot later alter its
pronouncement. But the power to review is an exception to this general rule. An aggrieved party can
file an application for review in the same court where the decree has been passed.

In the Common parlance the word review means to re consider, to look again or to reexamine. This
section enables the court to review its own judgment in case of any error or mistake made with
regard to the decision rendered, to rectify the same. Section 114 is substantive, the procedure for
which is provided in Order 47. Review is not to be taken lightly. It is a very serious step. The power
of review has to be taken with great care and caution.

Object of Review
The procedure of review has been embedded in the legal system to correct and prevent miscarriage.
The review application is not an appeal or revision made to the superior court, but it is a request to
recall and reconsider the decision made before the same court. If the judge who decided is present
in the court then he alone has jurisdiction to review the matter decided by him. He is the best to
reconsider the case as he may be able to remember what was argued before him and what was not
mentioned in the case there fore he alone should hear the review petition.

Grounds of Review
Rule1 Order 47 lays down the grounds on which an application for review of a judgment is
maintainable:

1. On the discovery of new important matter or evidence. Court can review it's judgment. when
some new and important matter or evidence is discovered by the applicant which could not
be produced or was not available at the time of passing the decree.
2. When the mistake or error are apparent on the face of the record then the court may review
it's judgment or decree. Error may be a fact or law. In Thungabhadra industries limited V
Government of AP , Supreme court observed that "a review is by no means an appeal in
disguise where by an erroneous decision is reheard and correct, but lies only for patent
error.
3. Other sufficient reason: Any other sufficient reason must mean a" reason sufficient on
grounds specified in the rule" for example where the statement in the judgment is not correct
or where the court had failed to consider a material issue, fact or evidence etc. So it could be
of any reason which the court feels sufficient to review it's judgment in order to avoid a
miscarriage of justice.

The power of Review is not an inherent Right

It is well settled matter that the power to review is not an inherent power. It is conferred by law either
expressly or by necessary implication. It is the duty of the court to correct grave and palpable errors
committed by it. So it is empowered to review and to undo in justice.

Limitation period of Review

 The limitation period for filing an application for review is thirtydays
Revision
Sec115 of the CPC 1908 empowers the Highcourt with Revisional jurisdiction. The dictionary
meaning of the world revision is to revise, to look again, to go through a matter 1 carefully and
correctly and correct where necessary.

Object of Revision
The object of Sec 115 is to prevent subordinate court from acting arbitrarily, capriciously and illegally
or irregularly in the exercise of their jurisdiction. The power of High court to see that the proceedings
of the subordinate court are conducted in accordance with law and within the bounds of 19 the
jurisdiction and in furtherence of justice.

It enables the High court to correct the error of jurisdiction commited by the subordinate court. This
provision of revision provides an opportunity to the aggrieved party to get their non appealable
orders rectified. Revisional power is excercised when no appeal lies to the High court. High court
can 20 exercised the revisional power even suo moto.

Limitation Period

 Limitation period for revision application is 90 days. The ground for revision will be mainly on
jurisdiction.

Highlights:

1. Reference is made by a subordinate court to the High court where there is doubt regarding
the question of law.
2. Review is made by the same court which has passed the decree to rectify the mistake or
error on the record.
3. Revision application is made only to High court when the decree passed by subordinate
court is not in accordance 21 with appropriate jurisdiction.

Conclusion
Application for review revision and reference do not deal with facts or evidence of the case they are
only based on technical grounds. To err is human. Every human being commits a mistake. Judges
are also human beings so there are chances for them to commit mistake. In such cases these
provisions well help the judges in order to correct the mistakes. So Sec 113,114,115 of CPC
embedded in the legal system in order to maintain the fairness and accuracy of the justice system.
Reference, Review and
Revision under Civil
Proceedings
July 6, 2019

35310

0
 Image Source: Pixabay

This article has been written by Pankhuri Anand, a student of Banasthali

Vidyapith, Rajasthan, and Ritu Aggarwal, pursuing a Certificate Course in
Advanced Civil Litigation: Practice, Procedure and Drafting from LawSikho. This
article discusses the concept and procedure for Reference, Review and Revision
under Civil Proceedings and what all the provisions have been laid down under
the Civil Procedure Code 1908 regarding reference, review and revision.

Table of Contents

 Introduction
 Synopsis
 Reference
o Object
o Conditions for seeking reference
 There are two classes of the question of law on which the subordinate court may
entertain the doubt
o Who can apply for reference?
o Powers and duty of the referring court
 o Power and duty of the High Court
o Effects of Reference
 Review
o Circumstances when a review petition is maintainable
 When no appeal lies in the case
 When appeal lies in a case but not preferred
 Reference from Small Causes Court
o Grounds of Review
 On the discovery of new and important matter or evidence
 When the mistakes or errors are apparent on the face of the record
 Other sufficient reason
o The limitation period for Review
o Is the power to review an inherent power?
 Inherent power to review of a Court of plenary jurisdiction
o Who can make a review?
 Revision
o Object
o Conditions
 Can the power of Revision be exercised if an alternative remedy is available?
o The limitation period for Revision
 Distinctions
o Reference and Review
o Reference and Revision
o Review and Revision
o Reference and Appeal
o Review and Appeal
o Revision and Appeal
 Conclusion
 Reference

Introduction
In order to understand concepts such as Reference, review and revision, as per
Code of Civil Procedure, 1908 (CPC), a party, who is offended by the decision of
the court, can reach out to higher court by way of appeal against the decision
given by the trial court/lower court. In case of appeal, the entire judgement is
scrutinized and heard again by the higher authority. However, in the case,
where there is a prima facie error on technical or procedural ground, the parties
are not required to file a fresh case and appeal. In such cases, CPC has the
provision of reference review and revision under section 113, 114 and 115 of
CPC respectively, which shall be discussed in detail in this article.

Synopsis
Every human being commits a mistake and judges are also human beings. So,
the provisions of reference, review and revision are given under the Civil
Procedure Code in order to maintain the fairness and accuracy of the justice
system.

Reference
Section 113 of Civil Procedure Code deals with the provision of reference. Under
the provision of Section 113, a lower or subordinate court can reach out to
higher court for the doubt in order to avoid the misinterpretation of the law
which is called reference. Parties through an application can move the reference
to the High court. Lower Court can apply the provision of reference suo-moto in
case of any doubt with respect to any legal provision. The lower court is not
bound to refer to the High Court other than in case of validity of legal provision.
It helps the lower court to avoid commission of error while pronouncing the
judgement. The subordinate court can use its right to reference in the following
situation:

1. In case of any question arising in the court at the time of entertaining

the suit with respect to the validity of any act, rules, order, ordinance
etc.
2. Where the court has the opinion or feels that any provision of the law
is invalid or not in the power of court (“ultra-virus”).
3. The High Court or Supreme Court must have not made such question
on the provision of law invalid.
 4. The court feels that it is important to take the reference of high court
for ascertaining the validity of the provisions mentioned in the law
before disposal of any case.
There can be two types of doubts which need to be referred under this section.

1. In case, the doubt has arisen with respect to any Act or law, it is
mandatory for the lower court to take the reference or opinion from the
High court.
2. However, in case the doubt has come up during proceedings, it is not
mandatory for the lower court to take the opinion of the High Court.
The lower court can suo-moto refer to the High Court.

Object
The object behind the provisions of Reference is to empower the subordinate
court to obtain the opinion of the High Court in non-appealable cases when
there is a question of law so that any commission of error could be avoided
which couldn’t be remedied later on.

As held in the case of Diwali Bai v. Sadashivdas, the reference must be made
before passing of the judgement of the case.
 Click Here

Conditions for seeking reference

Order 46 of CPC mentions the procedure of making a reference. In order to
make a reference to High Court, subordinate court needs to satisfy the condition
mentioned in Order 46 of Civil Procedure Code which has been produced as
follows:

1. The suit or appeal must be pending before the court while making a
reference and no further appeal from the order of such suit or decree is
lying before the court.
2. The question of the validity of provision of law must have arisen during
the pendency of the suit i.e. during proceeding of the suit in the court.
 3. When such doubt regarding the validity of the provision of law has
arisen, the court must have been entertaining the suit.
While making the reference, the district court can put the case on stay, or it can
pass a contingent order. The subordinate court, after taking into account the
opinion of the high court where such reference has been made, may pass order
or decree.

There are two classes of the question of law on which the

subordinate court may entertain the doubt
1. Questions related to the validity of any Act, Ordinance or Regulations.
2. Any other questions.
Under the second condition, reference is optional but in the first condition i.e., a
question related to any Act, Ordinance or Regulations, reference is
obligatory. Reference is obligatory in such condition when the following
conditions are fulfilled:

1. In order to dispose of the case, the decision of such question is

necessary.
2. The subordinate court seeking reference is of the view that the Act,
Ordinance or regulation is ultra vires.
3. There is no determination that such Act is ultra vires either by the
Supreme Court or the High Court to which the court is subordinate to.
A reference can be made by the judge only in the case when the judge who is
dealing with that case has a reasonable doubt about it. When any matter is
already decided by the High Court to which the court seeking reference is
subordinate to then it is not considered as a reasonable question of doubt.

Who can apply for reference?

The court of civil judicature can refer the case to the High Court either on an
application made by a party or suo moto. As held in the case of Ramakant
Bindal v. State of U.P, no reference can be made by a tribunal.

Powers and duty of the referring court

A reference can be made in a suit, appeal or execution proceeding pending
before the court only when there is a doubt of law. As held in the case
of Banarasi Yadav v. Krishna Chandra it was held that the question of law
about which the subordinate court is doubtful, must have actually been called
upon in the case for adjudication and it shouldn’t be a hypothetical question.

Therefore, no reference can be made on a hypothetical question or a point that

may or may not arise in future. But, if the situation arises it may be considered
for reference.

Power and duty of the High Court

The High has consultative jurisdiction in this context. When reference is sought
from the High Court and while dealing it the High Court is not bound to decide
only the question of law in doubt. As held in the case of S.K. Roy v. Board of
Revenue, the High Court can consider the new aspects of law also if any new
aspect arises.

To answer the question for which reference is sought totally upon the discretion
of the High Court as discussed under Order 46 of the Code. The High Court may
answer the question and send the case back to the referring court to dispose of
it in accordance with the law. It is also upon the discretion of the High Court to
refuse to answer the question and it has even power to quash it.

Effects of Reference
In the case of L.S Sherlekar v. D.L. Agarwal, it was held that when the
reference is sought from the High Court and the decree is confirmed if the High
Court answers the question in favour of the plaintiff. If the answer of the High
Court is against him, the suit is dismissed.

Rule 3 of Order 46 states the provision that after hearing the parties if the
High Court desires, it shall decide the referred points and transmits a copy of its
judgement to the subordinate court which shall dispose of the case in reference
to said decisions.
 Image Source: Pxhere.com

Review
Section 114 of Civil Procedure Code defines the provision of review. In case of
review, the party who is not happy or aggrieved with the order of the court can
file an application for review in the same court which has passed the decree.
This provision has been made so as to facilitate the court to review their own
decree or judgement and rectify the same in case any error has been made
while passing the judgement.

It was held in case of Ram Baksh v. Rajeshwari Kunwar, AIR 1948 AII 213 that
the option of review is still there even if the appeal has been dismissed on any
ground.

Order 47 of the CPC defines the procedure to be followed in case of review. In

the following situation, the application for review can be filed by the parties:

1. The decree or judgement is appealable however, no appeal has been

preferred under the law.
2. In case of no provision for appeal has been mentioned in the law for
certain decree or judgement.
3. The Court of Small Causes has passed the decision.
The law defines certain grounds on which application for review can be filed:

1. Where there are new discoveries of the facts, which were not in
knowledge or could not produce at the time of passing of decree due to
ignorance.
2. In case, the error is found on the face of the record and does not
require the argument of the entire case again. These errors are not
related to wrong decisions made by the court.
 3. Any other case, in which case the delusion of the court can be
considered as sufficient ground.
The Apex court in the case of S. Nagraj & Ors. V. State of Karnataka & Anr.,
1993 Supp (4) SCC 595 held that any other sufficient ground has an expanded
meaning. An order passed in case of misinterpretation of the true facts can be
considered as sufficient ground.

Time limit: Article 124 of Limitation Act provided that once the decree or order
is passed, parties shall file the application within 30 days from the date of
passing such decree. The decree or order which is passed after review shall be
final and binding to the parties. It is important to note that the entertaining the
application filed by parties for review is at the discretion of the court. Court can
either entertain or reject the application. In case, the court does not find any
sufficient ground to entertain an application, it can reject the same.

As defined in the law, even the Supreme Court can review its
judgement under Article 137 of the constitution of India.

Object
Any human being can make a mistake or error and so do the judges. So, the
procedure of Review has been embedded in the legal system to correct the
mistakes and prevent any miscarriage of justice as held in the case of S.Nagraj
v. State of Karnataka. The review application is not an appeal or revision
made to the superior court, but it is a request to recall and reconsider the
decision made before the same court.

Circumstances when a review petition is

maintainable
A review petition is maintainable before the court under the following
circumstances:

When no appeal lies in the case

According to section 114 of the code, when no appeal lies from an order or a
decree then it can be reviewed by the Court. In the case of Ganeshi Lal v.
Seth Mool Chand, it was held that taking into consideration sub-clause(c) of
Section 114, the application of review against a decree passed by a Small
Causes Court is eligible.
Even if an appeal is dismissed on the ground of being incompetent or time-
barred, the party can go for review procedure as held in the case of Ram
Baksh v. Rajeshwari Kunwar.

When appeal lies in a case but not preferred

When the provision of appeal is available but it is not preferred by the aggrieved
party then also a review petition is maintainable. As held in the case
of Sitaramasastry v. Sunderamma an application for review can be
presented before the court only till no appeal is preferred against that order.
The court cannot entertain an application for review when an appeal is already
instituted before making an application for review.

Reference from Small Causes Court

The court may review the judgement on a reference made by the Small Causes
Court.

Grounds of Review
There are certain grounds laid down under Rule 1 of Order 47 on which an
application made for the review of a judgement is maintainable:

 On the discovery of new and important matter or

evidence
A court can review its judgement when some new and important matter or
evidence is discovered by the applicant which couldn’t be produced or was not
available at the time of passing the decree.

 When the mistakes or errors are apparent on the face of

the record
When there is an apparent error on the face of record then the court may
review its judgement or decree. As decided in the case of Karutha Kritya v. R.
Ramalinga Raju, the error includes an error of fact as well as an error of law.

 Other sufficient reason

The last ground for review is any sufficient reason. Any sufficient ground
considered for review by the court comes under this ground. It could be any
reason which the court feels sufficient to review its judgement in order to avoid
a miscarriage of justice.

In the case of Bank of Bihar v. Mahabir Lal, the Supreme Court laid down
certain reasons which can be considered as a sufficient reason for review such
as- when there has been any misapprehension of the true state of
circumstances, or when the party has not been given fair chance to produce any
statement or evidence, or no notice was sent to the party, or the court has
failed to consider a material fact or evidence, or the court has omitted any
statutory provisions.

The limitation period for Review

The limitation period for filing an application for review as given under Article
124 of the Limitation Act, 1963 is thirty days for a court other than the
Supreme Court from the date of decree or order.

Is the power to review an inherent power?

It is a well-settled matter that the power to review is not an inherent power. It
is required to be either expressly conferred by law or by necessary
implications.

Inherent power to review of a Court of plenary jurisdiction

The Court of plenary jurisdiction such as a writ court, in order to prevent a
miscarriage of justice and to correct grave errors, has been empowered to
review its orders. On the leading case law regarding this context is Shivdeo
Singh v. State of Punjab in which the same was discussed.

Being the final court of the country who is the last and final to decide on a
matter, it has been empowered to review and to undo injustice. In exceptional
circumstances, it can even exercise the power suo moto.

Who can make a review?

As discussed till now, a review is the reconsideration of the same matter by the
same judge who has decided the matter. If the judge who decided is present in
the court, then he alone has jurisdiction to review the matter decided by him.
He is considered to be the best to reconsider the case as only he will be able to
remember what arguments were done and what reason he used to decide that
case.

However, if there is a situation that the same “judicial officer” cannot be

available and any unavoidable reason might prevent the judge who decided the
case to review it, then in such exceptional circumstances any judge or court of
the concurrent jurisdiction can review it and give decision as held in the case
of Reliance Industries Ltd. v. Pravinbhai.

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Revision
If we go to the literal meaning, “to revise” stands for “to look again” or “to
look repeatedly at” or “to go through a matter carefully and correct
where necessary”. The High Court has been empowered with the revisional
jurisdiction under section 115 of the Code of Civil Procedure,1908.

Object
The object behind empowering the High Court with revisional jurisdiction is to
prevent arbitrary illegal or irregular exercise of jurisdiction by the subordinate
court. Under section 115 the High Court is empowered to keep an eye on the
proceedings of subordinate courts that the proceedings are being conducted in
accordance with the law, under its jurisdiction for which it is bound for and in
furtherance of justice as held in the case of Major S.S Khanna v. Brig. F.J.
Dillion.

But, the judges of the subordinate court have absolute jurisdiction to decide a
case and even when they have wrongfully decided a case, they do not commit
any “jurisdictional error”. With the power of revision, the High Court can
correct the jurisdictional error when committed by the subordinate court. The
provision of revision provides an opportunity to the aggrieved party to get their
non-appealable orders rectified.

Conditions
Section 115 of the Code of Civil Procedure Code lays down all the
conditions when the High Court can exercise its revisional jurisdiction:

1. The case must be decided.

2. The revisional jurisdiction is exercised when no appeal lies in the case
decided by the subordinate court.
3. The subordinate court has decided such case by:

1. Exercise of jurisdiction which is not vested to that court by law., or

2. It has failed to exercise the vested jurisdiction, or
3. Illegal exercise of the vested power or with immaterial irregularity.
The High Court is not entitled to vary or reverse the order or decision of the
subordinate court unless such order is in favour of the party who has applied for
revision. Also, the revisional jurisdiction is not to be exercised if in that matter
appeal lies to the High Court.

So, by analysing section 115, we can observe that the revision is done mainly
on jurisdictional errors by the subordinate Court.

Can the power of Revision be exercised if an alternative remedy

is available?
The exercise of revisional jurisdiction is upon the discretion of the court and the
parties cannot claim it as a right. In the leading case of Major. S.S. Khanna v.
Brig. F.J. Dillion, it was held by the Supreme Court that the court has to take
into consideration several factors before exercising the revisional jurisdiction.
One of the that is considered is the availability of an alternative remedy. When
an alternative and efficacious remedy is available to the aggrieved
party, then the court may not exercise its revisional power under
section 115 of the Code.
The limitation period for Revision
According to article 131 of the Limitation Act, 1963 for a revision of the
decree or order, the limitation period is 90 days. The revision application is
required to be made before the High Court within the limitation period.

Image Source: Commons.wikimedia.org

Distinctions

Reference and Review

S.No
Reference Review
.

The case is referred to the High Court by the subordinate For review, the application is made by the
1.
court and not by the party for reference. aggrieved party.

The matter of reference can be decided by the High A review is done by the court which has
2.
Courts only. passed the decree or made the order.

Reference can be made only when the suit, appeal or A review can be done only after the decree or
3.
execution proceeding is pending. order is passed.

4. Grounds of reference is different than a review. Grounds for review are different.
Reference and Revision
S.No
Reference Revision
.

For revision, the application is made to the High

For reference, a case is transferred by a
1. Court either by the aggrieved party of by High
subordinate court to the High Court.
Court suo moto.

The grounds for reference is when there is

The ground for revision is jurisdictional errors by
2. reasonable doubt on the question of law by the
the subordinate court.
subordinate court.

Review and Revision

S.No
Revision Review
.

Revisional jurisdiction can be exercised only by the A review is done by the court who has passed the
1.
High Court. order or decree itself.

Revisional power is exercised when no appeal lies to Review of an order or decree can be done even if
2.
the High Court. an appeal lies to the High Court.

The High Court can exercise the revisional power For review, an application is required to be filed by
3.
even suo moto(by its own motion). the aggrieved party.

The grounds for revision is mainly on jurisdiction

4. The grounds for revision are different
errors.

The order passed on exercising revisional

5. The order granting the review is appealable.
jurisdiction is not appealable.

Reference and Appeal

S.NO Reference Appeal

The power of reference is vested in the The right to appeal is the right which has been conferred to
1.
court. the parties.

Reference can always be made to the High An appeal can be made to any court which superior and it
2.
Court. does not need to be only High Court.

The grounds for reference are a

The grounds of appeal are much wider than grounds for
3. substantial question of law and it is
reference.
narrower.

Reference can be made only when the An appeal can be filed only after the decree is passed or
4.
suit, order or execution is pending. appealable order has been made by the subordinate court.

Review and Appeal

S.No
Review Appeal
.

1. A review can be made only to the same court. An appeal can be filed to any superior court.

The review is a procedure of reconsideration of the An appeal is the procedure of consideration of the
2.
same matter by the same judge of the same court. matter by the different judge of the superior court.

Grounds of review are narrower than the grounds Grounds for appeal are wider than the grounds of
3.
for appeal. review.

In an appeal, the provision for the second appeal

4. There is no provision for the second review.
lies when sufficient grounds are present.

Revision and Appeal

S.No Revision Appeal
.

An appeal can be made to any court superior

1. An application for revision lies only to the High Court.
to the court passing the decree or order.

A revisional application can be made to the High Court

An appeal lies only from the decree or order
2. for any decision made by the subordinate court when no
passed by the subordinate court.
appeal lies for such decision.

Revisional power of the High Court is totally The right to appeal has been provided by the
3.
discretionary. statue as a substantive right.

An appeal lies on the question of fact or

4. The grounds for revision is the jurisdictional error.
question of law or, both.

For revision, filing an application is not necessary. The For an appeal a memorandum of appeal to be
5. high court may exercise the revisional power as suo filed by the aggrieved party before the
moto. superior court is a must.

Conclusion
The provisions for reference, review and revision provided under the Code of
Civil Procedure are different ways by which the court can work more efficiently
for fairness of justice system even when there is no provision of appeal.

Whenever a matter is decided is the Court and the judge passes a decree or
order then there might be circumstances where there has been any mistake or
error, or a party is aggrieved by the order or decree or, there can also be
circumstances where the subordinate court is doubtful on such question of law.
And, a general rule once a judgement is pronounced it cannot be altered by the
same court.

So the provision of review, reference and revision have been inserted under the
legal system to avoid a miscarriage of justice.

Where the reference is sought by the subordinate court itself when there is a
doubt on the question of law to the High Court, revisional power is exercised
when there is a jurisdictional error by the subordinate court. The power of
review is vested in the subordinate court itself which has passed the decree or
order.
The process of Review, reference and revision are also very different from
Appeal or Second appeal. The subordinate court can seek reference from the
High Court on its own but for review or revision, an application is required to be
filed. So, all three procedures have different grounds, conditions and
procedures.

If you want to know more about the same with reference to CrPC, then Click
Here.

Reference
1. Sitaramasastry v. Sunderamma [(1996) AIR 173 AP]
2. Diwali Bai v. Sadashivdas, [(1900) ILR 24 Bom 310]
3. Reliance Industries Ltd. v. Pravinbhai, [(1997) 7 SCC 300]
4. Takwani, C.K, Civil Procedure, Eighth Edition, 2017
5. The Code of Civil Procedure, 1908
Reference-Review-Revision – Code
of Civil Procedure
Last updated : January 25th, 2020 04:18 pm

According to the Code of Civil Procedure, 1908, when a party is aggrieved by the
decree passed by the court, he can approach the superior court by way of
appeal, against the decree passed by the trial court. Generally, under appeal, the
whole dispute is re-heard by the appellate court. But in cases where there are
technical/procedurals errors, the aggrieved party need not take the pain of
approaching the higher court for going through the hassle of contesting another
suit which is in the form of appeal. For the same purpose, the Code of Civil
procedure has introduced the concepts called Reference, Review and Revision
under Sections 113, 114 & 115 respectively. An application for Reference,
Review and Revision can be filed in the concerned courts as provided by the
Code and the proceedings under these applications do not deal with merits
(facts or evidence) of the case. They are solely based on technical grounds.

Reference
Reference is dealt under Section 113 of the Code. It mentions that a subordinate
court can refer a doubt to the High court where the former thinks that there
should not be misinterpretation with regard to any law. This is called a
reference. No party to the suit has the right to apply for reference. It is only the
subordinate court which has the power of reference suo-moto (on its own
motion) when there is doubt regarding the validity of any legal provision. For
matters other than the validity of legal provisions, the court is not bound to refer
to the High court. So, when the court feels that it needs clarification regarding
any matter which is pending, it can seek an opinion from the High court to avoid
the commission of errors while rendering a judgement. If there is reasonable
doubt regarding the question of law, subordinate courts can exercise the right of
reference under the following situations when:

 A question as to the validity of any act, rule, regulation, ordinance, etc.,

arises in the court where the suit is being entertained
 The court is of the opinion that such act or any other provision of law is
invalid (“ultra vires” means “beyond the powers”) or inoperative
 Such question on the provision of law is never before made invalid either
by the High court or Supreme court
 It is pertinent for determining the validity of such provision of law for
disposal of the suit

Order 46 of the Code lays down the conditions which should be satisfied by the
subordinate court in order to make a reference to the High court. They are:

 The suit or appeal must be pending wherein no further appeal lies from
decree or order of such suit or appeal respectively
 The question of law must arise during the course of proceedings, i.e., the
pendency of the suit
 The court must be entertaining the suit from which such doubt regarding
the question of law has arisen

where such reference has been made to the High court, the subordinate court
may pass a decree, taking into consideration, the opinion of the High court.
Review
A review is mentioned under Section 114 of the Code. An aggrieved party can file
an application for review in the same court where the decree has been passed.
This provision enables the court to review its own judgement in case of any error
or mistake made with regard to the decision rendered, to rectify the same. While
Section 114 is a substantive right, the procedure for the same has been provided
for under Order 47 of the Code. The application for Review can be filed under the
circumstances where:

 a decree or order is appealable as provided by the law, but no such appeal

has been preferred
 there is no provision for appeal from certain decree or order
 a decision is passed by the court of Small Causes

The grounds for filing review application are:

 discovery of new facts when there is no knowledge about the same or

could not produce the same due to negligence, prior to the time when the
decree was passed
 the error apparent on the face of the record which means errors which do
not give rise to re-arguments of the whole case and those which are not
related to erroneous decisions
 any other sufficient grounds as provided by the Code, wherein the
misconception of the court can be considered as sufficient ground

The application for review shall be filed within 30 days from the date of
order/decree. The order or decree passed after such review shall be final and in
force. The review petition is discretionary of a court, meaning, it can either
choose to entertain or reject the application.

As a matter of fact, the Supreme court can also review its own decisions under
Article 137 of the Constitution of India. As per Supreme Court Rules, 1966, the
review petition should be filed within thirty days from the date of judgment.

Revision
The High court has the power to call for a re-examination of any case which has
been decided by the subordinate court without appropriate jurisdiction. This
power of the High court is called Revisional Jurisdiction of only High court which
is mentioned under Section 115 of the Code. The revisional jurisdiction is not a
substantive right but is merely a privilege given to the applicant. An application
for revision can be made by the parties to the suit under the following
circumstances where the subordinate court has:

 not exercised jurisdiction as conferred by law (wrongful assumption of the

court regarding the jurisdiction)
 failed to exercise jurisdiction that is vested in it (non-exercise of
jurisdiction by the court)
 illegally exercised its jurisdiction (irregular exercise of jurisdiction by the
court)

The High court cannot reverse a judgement where:

 the whole suit has been disposed of by the parties

 the reversal of such judgement shall cause irreparable injury/loss against
whom it was made

Since the High court only possess the Revisional jurisdiction, the order made
from the exercise of such power is not appealable.

Highlights
 Reference is made by a subordinate court to the High court where there is
a doubt regarding the question of law.
 The review is made by the same court which has passed the decree to
rectify the mistake or error on the record.
 Revision application is made to only High court when the decree passed
by subordinate court is not in accordance with appropriate jurisdictions.

Read more about the Code of Civil Procedure

here: https://www.indiafilings.com/learn/code-of-civil-procedure/
A Brief Capsule on Reference &
Revision under Civil Procedure
Code,1908
January 3, 2020

7567

0
 Image source: https://bit.ly/2Wz1Jxt

This article is written by Sachi Ashok Bhiwgade, B.A.LLB (Hons.) student of

Hidayatullah National Law University, Raipur. In this article, she has discussed
Reference and Revision under CPC.

Table of Contents

 Introduction
 Nature and scope of the topic
o Conditions
o Who may apply?
o Power and duty of referring court
o Power and duty of the High Court

 Article 228 and Section 113
 Procedure at hearing
 Costs
 Revision
 Distinction
 o Reference and Appeal
o Reference and Review
o Reference and Revision
o Reference under CPC and CrPC
 Conclusion
 References

Introduction
Plenty of cases are heard by the judges in the courts every day and they have
to decide each case in accordance with the law. Hence, there is a possibility that
they might commit certain mistakes. The provision of reference and revision in
the Civil Procedure Code, 1908 are contained in order to rectify the mistake or
error committed in a case. Part VIII of the CPC deals with the provisions of
reference and revision. Section 113 and Order XLVI deals with reference
and Section 115 deals with revision.

The main objective of reference is that the subordinate court is enabled to get
the opinion of the High Court about a case. A party in case of an appeal has to
approach the higher court against the decree or order of the court but when
there is some procedural, technical or jurisdictional error there is no need of
approaching the higher court by way of appeal but it can be done by way of
reference or revision.
Nature and scope of the topic
A court subordinate to the High Court is empowered to refer the case under
Section 113. The court in relation to Section 113 means a court having Original
Civil Jurisdiction. A reference can be made only when there is a question of law
or validity of any Act or Ordinance or of any provision of the Act is involved and
can be sought only in a pending suit, appeal, or other proceedings. Section 115
deals with revision. It empowers the High Court to call for the record of any
case decided by a court subordinate to it.

Click Here

Conditions
Where any matter involving a substantial question of law is referred by the
subordinate court to the High Court for its opinion upon that matter it is known
as a reference. According to Section 113, any court can refer the case to the
High Court for its opinion and the High Court may then make an order as it
deems fit subject to certain conditions and limitations.

Rule 1 Order XLVI for the purpose of reference provides certain conditions
and limitations that are needed to be satisfied for the High Court to entertain
the reference from the subordinate court. These conditions are given below :

 There should be a pending suit or appeal where the decree is not

subject to appeal.
 There must be a question of law or usage having the force of law.
 The Court that is trying the suit or appeal or executing the decree must
entertain reasonable doubt on that question of law.
As per proviso to Section 113, the question of law involves questions relating to
the validity/provisions of any Act, Ordinance, or Regulation or other questions.

Who may apply?

A subordinate court may refer the case with its own opinion on the point to High
Court

 either on its own motion or;

 on the application of any of the parties.
In Manager Metro Railway vs M/S. B.C.L. Secure Premises it was ruled
that Section 113 is not a provision that enables the High Court to take reference
suo moto or to order a reference. It is a provision that enables the subordinate
court to refer the case to the High Court.

Power and duty of referring court

To entertain the doubt on the question of law. In Banarsi Yadav vs Krishna
Chandra Dass, it was held that a subordinate court may refer a case to the High
Court when there is reasonable doubt regarding the constitutional validity of an
Act.

In A Sreenivasa Rao and Ors v. Govt of Andra Pradesh, it was held that the
subordinate court is not empowered and entitled to decide the validity of any
Act, Ordinance or Regulation and Section 113 makes it mandatory for the
subordinate court to refer the pending case to the High Court for determining
the question relating to the validity of an Act, Ordinance or Regulation which is
necessary for the case to be disposed of by stating its reasons and opinions for
referring the case to the High Court for its opinion.

Power and duty of the High Court

 To make any order as it thinks fit to when the case is referred to it by
the subordinate court.
 Answer or refuse to answer the question in a case and send the case
back to the referring court for disposing it.
 To quash the case referred to it.

Article 228 and Section 113

In Ranadeb Choudhuri vs Land Acquisition Judge, the court observed, Section
113 of the Civil Procedure Code is a statutory provision whereas Article 228 is a
constitutional provision. Section 113 does not relate to the interpretation of the
constitutional provisions but to the question of the validity of an Act. Both
Section 113 and Article 228 may relate to a common case but are not
coextensive.

It was held in Rama Sundari Devi v. Indu Bhusan Bose that under Section 113
the court, subject to certain conditions, may state and refer the case to the
High Court for its opinion and the proviso to this section specifically mentions
the case relating to the validity of an Act. Whereas under Article 228, if the High
Court is satisfied that a case is pending in a subordinate court that involves the
determination of the substantial question of law for the interpretation of the
Constitution. The High Court shall withdraw the case and either dispose of the
case itself or determine the question of law and return the case to the court
from which the case has been withdrawn.

Procedure at hearing
The following procedure has to be followed at the time of hearing:

 As per Rule 1, the court trying the suit or appeal or executing the
decree either on its own or on an application of the parties will draw up
the statement of facts and point of doubt of the case and pass a decree
or order contingent upon the high court on the points referred.
  After hearing the parties the High Court will decide the points so
referred. A copy of the judgment along with the signature of the
registrar will be transmitted to the referring court as per Rule 3.
 The referring court on receiving the copy will proceed in confirmation
with the High Court’s decision to dispose of the case.
 The High Court has been vested with the power under Rule 5 to make
such orders and to amend, alter, cancel, set aside any decree or order
the referring court has passed or made.
 As per Rule 7, In case the question arises as to the jurisdiction of small
causes court, a record with the statements of the reasons for doubt will
be submitted to the High Court.

Costs
Rule 4 of Order XLVI talks about the costs of reference to the High Court. It
says that if any cost is consequent upon a reference for the decision of the High
Court, it shall be deemed to be the costs in the case.

Revision
Section 115 refers to the revisional jurisdiction of the High Court. Revision in
general terms means looking over and over again in order to correct the
mistake. According to Section 115, the High Court can call for the record of any
case decided by a subordinate court and the High Court may make such order
as it deems fit and in which no appeal lies under certain conditions.

If the subordinate court:

 Not having jurisdiction has exceeded the jurisdiction over that case.
 Having jurisdiction has failed to exercise the same.
 Having jurisdiction has acted illegally or with material irregularity. For
instance, some error of procedure is committed that is material in the
course of a trial which may eventually affect the decision of the Court.
The proviso to this section specifically mentions that the High Court for the
purpose of this section shall not vary/reverse any decree/order against an
appeal that lies either in High Court or any subordinate Court. Further, a
revision will not be considered as a stay of the suit excluding such suit or
proceeding which has been stayed by the High Court.

The Supreme Court in the case of Salem Advocates Bar Assn v. Union of
India considered the scope of Section 115 of CPC and observed that the scope
of section 115 is limited and the revisional court should only be satisfied that
the orders passed are within the jurisdiction of Section 115.

In Radhe Shyam v. Chhabi Nath, the Apex Court held that even if the scope of
section 115 has been curtailed by the CPC (Amendment) Act, 1999 that does
not result in expanding the power of superintendence of the High Court.

Distinction
The basic difference between reference, appeal, review, revision and
reference under CPC and CrPC can be studied as follows:

Reference and Appeal

Sr.
Reference Appeal
No.

The court is vested with the The parties to the suit have the right to
1
power of reference. appeal.

For reference, there should be a

An appeal is preferred only after the
2 pending suit, appeal, or execution
judgment is passed.
of a decree

An appeal can be preferred under any

Under reference, there must arise
3 grounds. For instance, to rectify the error
a substantial question of law.
committed by the lower court.

Reference is made to the High An appeal can be made from a subordinate

4
Court. court to a higher court.

Reference and Review

Sr.
Reference Review
No.
 Under Reference, the subordinate An application for a review is made by
1 court refers the case to the High Court any person aggrieved by a decree or
for its opinion. order of a Court.

A reference is made when there is a An application for review is made after

2
pending suit or appeal. the decree or order is passed.

The High Court has the power of The court that passed the decree or
3
reference. order can review the judgment.

Reference and Revision

Sr.
Reference Revision
No.

Under revision, The High Court itself can call

The subordinate court refers the for any record of the case decided by a
1
case to the High Court. subordinate court or on an application of the
party applying for revision.

Reference involves any A revision is done by the High Court if there

reasonable doubt on a is an error of jurisdiction or if there is any
2
substantial question of law or material irregularity on the part of a
usage having the force of law subordinate court.

Reference under CPC and CrPC

Sr.
CPC CrPC
No.

Section 113 and Order XLVI of CPC deals with Section 395 of CrPC deals with
1
reference. reference

2 A case is initiated before a civil court. Reference under CrPC involves

 a case tried before a trial court.

A subordinate court either on its own motion Reference can be made by the
3 or on the application of parties may state and court suo moto or upon the
refer the case to High Court motion of a stranger.

The court can either commit the

The Court can either stay the proceedings or
4 accused in jail or release him on
proceed with the case.
bail.

Conclusion
Whenever the judge passes a decree or makes an order there might be certain
circumstances where errors or mistakes relating to the jurisdiction or procedure
are committed by the court. Hence, the provisions relating to reference and
revision ensures that the working of the courts is carried out in an efficient
manner. Also, the provisions of appeal are different from the provisions of
reference and revision. An appeal is sought where the party is aggrieved by the
decision of the court and reference or review is sought in a case where there is
some procedural or jurisdictional error.

References
 https://blog.ipleaders.in/reference-review-revision/
 http://lawtimesjournal.in/reference-and-revision/
REFERENCE UNDER CODE
OF CIVIL PROCEDURE
Published by Admin on June 6, 2022

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 Section 113 of the code empowers a subordinate court to state a case and
refer he same for the opinion of High Court. Such an opinion can be
sought when the court itself feels some doubt about a question of law.

Such an opinion can be sought by a court when the court trying a suit,
appeal or execution proceedings entertains a reasonable doubt on
question of law

Table of Contents

 Object
 Conditions
 Who may apply?
 Power and Duty of Referring Court
 Power and Duty of High Court
 Procedure at Hearing
 Cost

Object
In Chottubhai v. Bai Kashi (AIR 1941 Bom 365) it was held that the object of
this provision is to enable a subordinate court to obtain in non-
appealable cases the opinion of the High Court in the absence of a
question of law and thereby avoid the commission of an error which
could not be remedied later on.

Further, such provisions also ensures that the validity of a Legislative

provision is interpreted and decided by the High Court.

Conditions
The right to refence is subject to conditions prescribed by Order 46 Rule
1, and, unless these conditions are fulfilled, the High Court cannot
entertain a reference made my subordinate court.
The conditions which are needed to be satisfied are:

I. There must be a pending suit or appeal in which the decree is not

subject to appeal or a pending proceeding in execution of such
decree;
II. A question of law or usage having the five of law must arise in the
course of such suit, appeal or proceedings; and
III. The court trying the suit or appeal or executing a decree must
entertain a reasonable doubt on such question.

Further, question of law on which a subordinate court may entertain a

doubt may be divided into two classes:

I. Those related to the validity of any Act, Ordinance or Regulation;

and
II. Other questions.

In case of other questions, the reference is optional, but in the former

case it is obligatory if the following conditions are fulfilled:

I. It is necessary to decide such question in order to dispose of the

case;
II. The subordinate court is of the view that the impugned Act,
Ordinance or Regulation js ultra vires; and
III. There is no determination either by Supreme Court or by the High
Court to which such court is subordinate that such Act, Ordinance
or Regulation is ultra vires.

Who may apply?

A reference can be made by a subordinate court on an application made
by a party or suo moto. “Court” means a court of civil judicature. A
tribunal or persona designata cannot make a reference.
Power and Duty of Referring
Court
In Tinka Ram v. Maheshwari Das (AIR 1959 All 659) the court was of the
opinion that reference can be made when a subordinate court entertains
a doubt on a question of law. Further, such question must have actually
arisen between the parties litigating and the court must have been called
upon to adjudicate the lis.

Once a question arises and the Proviso is attracted and the validity if any
Act, Ordinance or Regulation is challenged, and the referring court
is prima facie satisfied that such Act, Ordinance or is ultra vires, the case
has to be referred to the High Court.

Power and Duty of High Court

The jurisdiction of the High Court is consultative. In dealing and
deciding the reference the High Court is not confined to the questions
referred by a subordinate court.

In S.K. Roy v. Board of Revenue (AIR 1967 Cal 338) it was held that if a new
aspect of law arises in the case, the Court can consider it as well.

Order 46 Rule 3 states that the High Court may answer the question
referred to it and send back the case to the referring court for disposal in
accordance with law.

Order 46 Rule 5 states that the court may also refuse to answer the
reference or even quash it.

In Muncipal Corpn. Of City v. Shivshanker Gaurishanker ((1998) 9 SCC

197) it was held that the High Court, cannot make any order on merits of
the case nor can it make suggestions.
Procedure at Hearing
As per Rule 1, The referring court should draw up a statement of the
facts of the case, formulate the question of law on which opinion is
sought and give its opinion thereon.

Rule 2 states that the court may either stay the proceedings or pass a
decree or order contingent upon the decision of the High Court on the
point referred, which cannot be executed until receipt of a copy of the
judgement of the High Court on the reference.

If the High Court answers the question in favour of the plaintiff, the
decree will be confirmed and if it is answered against him, the suit will
be dismissed.

Rule 3 states that the High Court, after hearing the parties, if they so
desire, shall decide the point so referred and transmit a copy of its
judgement to the court which shall dispose of the case in accordance
with the said decision.

Rule 5 states that the High Court may alter, canel, set aside any decree
or order passed or made by the Court making the reference and make
such order as it thinks fit.

Cost
As per Rule 4 the cost of reference shall be costs of cause. However, in a
judgement made in L.S. Sherlekar v. D.S. Agarwal (AIR 1968 Bom 439) it
was held that if the reference is altogether unwarranted, the High Court
may direct the referring judge to personally pay the costs.
Reference under Section 113 and Order 46
of the CPC
Naresh KumarFebruary 17, 20190 Comments

Reference under Section 113 and Order 46 of the CPC

In this article, we are going to discuss the topic Reference under Section 113 of the CPC.
In this article, we discuss the matter relating to the reference like; its meaning, its object,
its conditions, who may apply, the power of the referring court and power of the High
Court etc.

Introduction:-

In the courts, every day so many cases are instituted by persons. Every
case has a different circumstance. While hearing of these cases different questions arise
before the court and court has to decide all the questions according to the law. But
sometimes such questions arise that deserve the opinion of the High Court. Such an
opinion can be sought when the court itself feels some doubt about a question of law. The
High Court may make such order thereon as it thinks fit.

Meaning of Reference:-
Reference means where the subordinate Court refers the
case involving the questions of law to the High Court for the opinion on that matter.
Reference is made to the High Court where it has a reasonable doubt during any suit
appeal execution proceeding etc.

Here the reference means that the referring a case to high court for the
opinion on a question of law.
 Object of the Reference:-

The main object for providing the provisions relating to the

reference is to enable the subordinate courts to obtain the opinion of the High Court in
non-appealable cases, in absence of a question of law and thereby avoid the commission
of an error which could not be remedied later on. Provisions also ensure that the validity
of the legislative provision (Act, Ordinance or Regulation) should be interpreted and
decided by the highest court in the state. Therefore, reference must be made before
passing of the judgment in the case.

Requirements for Reference:-

Order 46 Rule 1 of the Code has provided some

conditions or requirement for entertaining a Reference by the High Court from a
subordinate Court. Unless they are fulfilled, the high court cannot entertain a reference
from a subordinate Court. The rule requires the following conditions to be satisfied to
enable the subordinate Court to make a reference:-

1. There must be a pending Suit or appeal in which the degree is not subject to appeal or a
pending proceeding in execution of such decree:
2. A question of law or usage having the force of law must arise in the course of such suit,
appeal or proceeding; and
3. The court trying the suit or appeal or executing the decree must entertain a reasonable
doubt on such question.
 Jurisprudence Previous Years Questions 2018-2022 in three Parts with
the explanation of each option click here to see:- UGC NET LAW
PYQs Jurisprudence
Questions of law on which a subordinate Court may entertain a doubt may be divided
into two classes:-

i. Those which relate to the validity of any Act, Ordinance or Regulation; and

ii. Other questions.

In the latter case, the reference is optional, but in the former case it is obligatory if the
following conditions are fulfilled:-

a. It is necessary to decide such a question in order to dispose of the case;

b. The subordinate Court is of the view that the impugned Act, Ordinance or Regulations
is ultra virus; and

c. There is no determination either by the Supreme Court or by the High Court to which
such Court is subordinate that such Act, Ordinance and Regulation is ultra-vires.

Who may apply?:-

Only a court can refer a case either on an application of a party or suo

motu. “Court” means a court of Civil Judicature. A tribunal or persona designate cannot
be said to be “court” and no reference can be made by them.

Procedure at the hearing:-

 Statement of the fact of the case should be drawn up by the
referring court and formulate the question of law on which opinion is sought and give its
opinion thereon. The court may either stay the proceeding or continue it.

Court may pass degree or order contingent upon the decision of the High Court
on the point referred, which cannot be executed until receipt of a copy of the judgment of
the High Court on the reference. If the high court answers the question in the favour of
plaintiff, the decree will be confirmed or if it is against him the suit will be dismissed.

In a situation, where the referring Court has not complied with the condition
laid down for making reference, the High Court has power to return the case for the
amendment. The High Court even can quash the order of reference, the High Court may
alter, cancel or set aside any decree or order passed or made by the court making the
reference and make such order, as it thinks fit.

Costs:-

As a general rule, the cost of reference shall be the cost in the cause. In the reference is
altogether unwarranted, the High Court may direct the referring judge to personally pay
the costs.

Revision:-

An order refusing to make reference to the High Court is the “cases

decided” under Section 115 of the Code and is revisable.
Thanks for reading
Related Articles:-
1. What is Review under Section 114 and Order 47 of the CPC;
2. What is Revision under Section 115 of the CPC;
3. Difference between Reference, Review, Revision.
According to the Code of Civil Procedure(CPC), 1908, a party who is unhappy with
the judgement rendered by the court may file an appeal against the judgement before
the superior court. Typically, the appellate court rehearses the entire case during an
appeal. However, in situations where there are procedural or technical problems, the
aggrieved party need not go through the trouble of petitioning a higher court or
contesting a different lawsuit in the form of an appeal.
The Code of Civil procedure(CPC), in Sections 113, 114, and 115, respectively,
introduced the terms Reference, Review, and Revision for the same reason. According
to the Code, a request for reference, review, or revision may be made to the relevant
courts, and the processes arising from such requests do not address the merits (facts or
evidence) of the case. They only have technical justifications.
Reference Under CPC
The Code’s Section 113 governs references. It states that a lower court may refer a
question to the High court if it believes that there should be no misunderstanding of
any law. We refer to this as a reference. No person involved in the lawsuit has the
right to request references.
Only the subordinate court has the authority to refer a case suo moto (on its own
initiative) where there is a question as to whether a legal provision is valid. The court
is not required to refer cases to the High court for reasons other than whether or not
legal requirements are valid. In order to prevent making mistakes when passing
judgement, the court may request the High Court’s opinion if it deems that it requires
clarity on a case that is currently ongoing.
Subordinate courts may use their right of reference in the following circumstances if
there is a legitimate uncertainty as to the legal issue. Such circumstances are:
 In the court where the lawsuit is being heard, an issue regarding the legality of any
act, rule, regulation, ordinance, etc., emerges.
 The court determines that such an act or any other legal requirement is
unconstitutional (“ultra vires” is Latin for “beyond the powers”).
 Neither the High court nor the Supreme Court has ever rendered a legal question
invalid.
 It is important to decide whether or not the relevant legal provision is valid in order
to decide the case.
The requirements that must be met by the subordinate court in order to send a case to
the High court are outlined in Order 46 of the Code. These are what they are:
 The lawsuit or appeal must be ongoing, and the judgement or order in the lawsuit
or appeal must not be subject to further appeal. The court must be hearing the
lawsuit from which the legal doubt stemmed when the question of law first arose,
which means that it must do so during the pendency of the proceedings. In cases
when the High court has been consulted, the lower court may issue a ruling while
taking the High court’s stance into account.
Review Under CPC
Section 114 of the Code refers to a review. An application for review may be
submitted in the same court where the decree was issued by an aggrieved party. In
order to correct any errors or mistakes with the decision it has made, this provision
allows the court to review its own decision. While Order 47 of the Code specifies the
method for exercising Section 114, the latter is a substantive right. The following
situations allow for the filing of the application for review:
 A ruling or order may be appealed in accordance with the law, but no such appeal
has been filed.
 Certain decrees or orders do not allow for appeal.
 The Small Causes Court issues a ruling.

Furthermore there are reasons behind the submission of review application, such
reasons for submitting a review application include:
 The discovery of new information when it was unknown or unable to be obtained
because of negligence when the order was issued
 The inaccuracy obvious on the face of the record, which refers to mistakes that do
not necessitate reiterating the entire case or those that are unrelated to incorrect
decisions
 Any other sufficient grounds allowed by the Code, where the court’s
misunderstanding may count as a valid ground;
The request for review must be submitted within 30 days of the order/date/decree’s
The decision made following such review is final and enforceable. A court has the
discretion to accept or reject a review petition, thus it is up to it to make that decision.
In truth, Article 137 of the Indian Constitution gives the Supreme Court the authority
to review its own rulings. The review petition must be filed within thirty days of the
judgement date in accordance with Supreme Court Rules, 1966.
Revision Under CPC
Any case that has been determined by the lower court without having the proper
jurisdiction may be reopened at the High Court’s request. According to Section 115 of
the Code, the High court has the Revisional Jurisdiction of only the High court.
Revisional jurisdiction is only a privilege granted to the applicant; it is not a
substantive right. The parties to the lawsuit may submit a request for revision in the
following situations when the inferior court has:
 In case of any wrongful assumption made by the court related to the jurisdiction.
In simple words the jurisdiction not performed or conferred by the law.
 When such jurisdiction is not performed only by the court. In simple terms the
failure in performing jurisdiction which is vested in it.
 Irregularity in such performance of jurisdiction that is illegally exercising the
jurisdiction by the court.
Further there are conditions in which court could not reverse its judgement made, such
conditions are-
 The suit was disposed of by the parties fully.
 The judgement which causes irreparable loss or injuries to the party to whom such
judgement is made could not be reversed.
The High Court only has revision jurisdiction, hence the decision issued using this
authority is not subject to appeal.
Highlights
Few highlights of such code are as follows-
 When there is a legal question that is unclear, a lower court will refer the case to
the high court.
 The same court that issued the order to correct the mistake or inaccuracy on the
record is the one conducting the review.
 When a decree issued by a lower court does not follow the proper procedures, a
revision application is only brought to the high court.
Conclusion
A procedural legislation governing the conduct of civil procedures in India is the
Code of Civil Procedure(CPC), 1908. The Code is split into two portions: the First
Schedule, which has 51 Orders and Rules, and the Second Schedule, which contains
158 sections. Implementing the fundamentals of substantive law is the main purpose
or it could be said aim of procedural law i.e. Code Of Civil
Procedure. Vakilsearch provides with the great knowledge and assistance regarding
the topic analysed above of review under CPC law.