Reference, Review, Revision – Code of Civil Procedure

According to the Code of Civil Procedure, 1908, when a party is aggrieved by the decree passed by the court, they 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. However, in cases where there are technical or procedural errors, the aggrieved party need not undergo the hassle of filing an appeal in the higher court. For such purposes, the Code of Civil Procedure has introduced the concepts of Reference, Review, and Revision under Sections 113, 114 & 115 respectively. Applications 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 typically deal with case merits (facts or evidence) but are based solely on technical grounds.

Reference

Reference is dealt with under Section 113 of the Code. It allows a subordinate court to refer a doubt to the High Court, preventing the misinterpretation of laws. This is called a reference, and no party to the suit has the right to apply for it. It is exclusively the subordinate court's power to make a reference suo-motu when there is uncertainty regarding the validity of any legal provision. For issues other than legal validity, the court is not obliged to refer to the High Court. Therefore, when the court needs clarification on a pending matter, it can seek an opinion from the High Court to prevent errors in judgment. Subordinate courts can exercise the right of reference under situations like:

A question arises regarding the validity of any act, rule, regulation, ordinance, etc., within the court where the suit is being entertained.
The court believes such an act or other provision of law is invalid ("ultra vires" or "beyond the powers") or inoperative.
Such a legal provision has never been declared invalid by either the High Court or Supreme Court.
Determining the validity of such a law is pertinent for resolving the suit.

Order 46 of the Code outlines the conditions for subordinate courts to make a reference to the High Court. They include:

The pending suit or appeal where no further appeal lies from the decree or order.
The question of law must arise during the proceedings.
The court must be entertaining a suit from which such legal doubt has arisen.

When a reference is made to the High Court, the subordinate court may issue a decree considering the opinion of the High Court.

Review

Review is governed by Section 114 of the Code. An aggrieved party can file a review application in the same court that issued the decree, allowing the court to rectify any error or mistake made in its decision. While Section 114 offers a substantive right, its procedure is detailed in Order 47 of the Code. A review application can be filed under circumstances such as:

A decree or order is appealable as provided by law, but no appeal has been preferred.
No provision for appeal exists for certain decrees or orders.
A decision is rendered by the court of Small Causes.

The grounds for filing a review application include:

Discovery of new facts previously unknown or unavailable due to negligence.
An error apparent on the face of the record, meaning errors that do not initiate re-arguments of the entire case and are unrelated to erroneous decisions.
Any other sufficient grounds as provided by the Code, where court misconception can serve as a valid ground.

The application for a review must be filed within 30 days from the date of the order/decree

. The decree or order passed after such a review is final and enforceable. The review petition is discretionary for the court, allowing it to accept or reject the application.

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

Revision

The High Court possesses the power to re-examine any case decided by a subordinate court without proper jurisdiction. This power, known as Revisional Jurisdiction, is exclusive to the High Court under Section 115 of the Code. Revisional jurisdiction is not a substantive right but a privilege available to applicants. A revision application can be made under circumstances where the subordinate court has:

Not exercised jurisdiction as conferred by law (wrongful jurisdiction assumption).
Failed to exercise jurisdiction vested in it (non-exercise of jurisdiction).
Illegally exercised its jurisdiction (irregular exercise of jurisdiction).

The High Court cannot reverse a judgment where:

The case was resolved and dismissed by the parties.
Reversing the judgment would cause irreparable injury or loss to the affected party.

Since the High Court only possesses Revisional jurisdiction, the order made under this power is not appealable. Learn more about filing a revision here.

Highlights

Reference is made by a subordinate court to the High Court where there is doubt regarding a question of law.
Review is conducted by the same court that issued the decree to rectify any mistakes or errors in the record.
Revision application is presented to the High Court when the decree passed by a subordinate court does not align with proper jurisdictions.

Explore more about different legal procedures here and their implications on business income here. Furthermore, understanding procedural deductions and their applications is vital in avoiding legal pitfalls, which is elaborated here. Discover how late filing penalties can impact here. For detailed information on the utility and capabilities of managing court processes, you can refer here.

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