REVISION

Section 115

(1) 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

(a) to have exercised a jurisdiction not vested in it by law, or

(b) to have failed to exercise jurisdiction so vested, or
(c) 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;

Provided that where a person makes an application under this subsection, he shall in support
of such application, furnish copies of the pleadings, documents and order of the subordinate
Court and the High Court shall, except for reasons to be recorded, dispose of such application
without calling for the record of the subordinate Court.

Provided further that such application shall be made within ninety days of the decision of the
subordinate Court which shall provide a copy of such decision within three days thereof and
the High Court shall dispose of such application within six months

(2) The District Court may exercise the powers conferred on the High Court by subsection (I) in
respect of any case decided by a Court subordinate to such District Court in which no appeal
lies and the amount or value of the subject-matter whereof does not exceed the limits of the
appellate jurisdiction of the District Court.

(3) If any application under subsection (l) in respect of a case within the competence of the
District Court has been made either to the High Court or the District Court, no further such
application shall be made to either of them.

(4) No proceedings in revision shall be entertained by the High Court against an order made
under subsection (2) by the District Court.
A. Principles:

 Revision is Higher court’s supervisory and visitorial power to correct illegality leading to
jurisdiction of subordinate court

 Revision cannot be invoked to interfere in matters of facts (merits) and law not resulting
in jurisdictional defects in order / judgment of subordinate court

 Revision lies when appeal is not provided

 Revision is not continuation of suit

 In Sindh if value exceeds 30 lacs than revision would lie to High Court

B. Conditions:

1. Case Decided:
 Decision on substantial question in controversy between the parties which affects
their rights

e.g., refusal to implead party, dismissal of application u/s 5 of Limitation Act,

allowing or refusing amendment of plaint, etc.

2. Decision by Court Subordinate to Revisional Court:

 A judge acting in administrative capacity is not court
 Judge acting as Persona Designata is not court unless otherwise specifically
mentioned that revision would lie against his/her decision

e.g., Rent Controller, Family Court Judge, Guardian Judge are Persona Designata

3. No Appeal Lies:
 Where no appeal
 If appeal is time barred Revision may be filed if conditions of Section 115 are
fulfilled

C. Grounds of Revision:

1. Exercise of Jurisdiction Not Vested

Void Order
e.g., Jurisdiction is barred

2. Failure to Exercise Jurisdiction so Vested

Refusal by court to assume jurisdiction which it has
e.g., failure to decide a matter, refusal to entertain plaint or application

3. Exercise of Jurisdiction Illegally or with Material Irregularity

Illegal exercise:
Acting in breach of any provision of law

Material Irregularity:
Commission of an error in procedure during trial, effecting the final decision

e.g., order based on inadmissible evidence, decision without hearing parties, violation of
statutory provision, deciding of fact not raised in pleadings
D. Case Law:
2019 MLD 545
Meaning of ‘illegally’ and ‘material irregularity’

E. Requirements on Filing Revision Petition

Furnish of certified copies of the pleadings, documents and order of the subordinate Court
Subordinate court to give copies within 3 days

F. Disposal of Revision Petition:

 Calling of record of subordinate court (indirect stay) but it is not mandatory, if reasons
are recorded for not calling record
 High Court shall dispose of such application within three months
 High Court may make such order in the case as it thinks fit

G. Limitation
90 days

H. Remedy
 No 2nd revision
 Writ Petition can be filed
 Revision once admitted for hearing cannot be dismissed for non-prosecution. If revision
was dismissed for non-prosecution, fresh revision can be filed or earlier be restored

I. Conversion:
 Appeal can be converted into Revision and Revision can be converted into appeal,
subject to Limitation
 Revision can be converted into writ, if appeal should have been filed by revision was
filed after 30 days
 Revision can be converted into writ Petition, if revisional order is void or court did not
applied its mind

J. Difference Between Appeal and Revision

 Appeal is a matter interse parties
 Revision is matter between higher and subordinate courts
 Appellate Jurisdiction is wider than Revision