Bailabel Type : bailable

Description

Section 115 of the Code of Civil Procedure (CPC) deals with the revisionary powers of the High Court over decisions made by subordinate courts (like district courts or other lower courts). This section allows the High Court to intervene and revise decisions made by the lower courts if they are found to be incorrect, illegal, or misinterpreted in terms of the law or procedure.

The revisionary jurisdiction provided by Section 115 is not an appeal. It is a mechanism for ensuring that the lower courts do not misapply the law or make decisions that go against the principles of justice, and to ensure uniformity in the judicial process. Revision can be initiated by the High Court either on its own motion or upon an application made by a party aggrieved by the decision of a lower court.

Key Provisions of Section 115:

1. Jurisdiction of High Court:

   • Section 115 grants the High Court the power to revise orders or judgments passed by any subordinate court. The High Court can exercise this power when it believes the subordinate court has:
     • Committed an error of law,
     • Exercised jurisdiction illegally or with material irregularity,
     • Failed to follow the legal procedures properly.
   • This revisionary power ensures that lower courts do not make erroneous decisions that could lead to injustice.

2. Grounds for Revision:

   • Illegality: If a subordinate court has acted beyond its jurisdiction or has passed an order that is illegal.
   • Material Irregularity: If the subordinate court has made an error in its procedure, which affects the fairness of the decision.
   • Excessive or insufficient use of jurisdiction: When a court has exceeded its jurisdiction or failed to use its jurisdiction appropriately, the High Court may intervene.

3. No Appeal in Certain Cases:

   • Section 115 allows revision in cases where no appeal is available. For example, if a specific order or decision cannot be appealed under the law, but it may still be reviewed by the High Court under this section.
   • The High Court does not act as an appellate court in revision. Instead, it only ensures that the lower court has acted within its legal boundaries and followed due procedure.

4. Scope of Revision:

   • The High Court can alter, reverse, or remand the decision of the lower court. If the High Court finds that a lower court's decision was legally flawed or procedurally incorrect, it can:
     • Set aside the order,
     • Correct the mistake, or
     • Send the case back to the lower court (remand it) for further proceedings based on proper legal principles.

5. No Re-hearing in Revision:

   • The High Court does not re-hear the case on merits (the facts of the case are not reconsidered). It only looks at whether the lower court’s decision was in accordance with the law and procedure.
   • Revision is limited to correcting errors of law, not to re-evaluate the facts.

6. Procedure for Revision:

   • A party aggrieved by an order or decision of a subordinate court can file a revision petition before the High Court.
   • The High Court, upon receiving the petition, can decide whether to interfere in the lower court's order. The High Court may also decide on the scope of the revision, whether the matter needs further investigation, or if it can be disposed of based on available records.

7. Limitation of Powers:

   • Section 115 limits the High Court's power to correct errors of law and irregularities. It does not give the High Court the right to interfere with the judicial discretion of lower courts unless the decision is manifestly unjust or illegal.

Punishment

Section 115 does not prescribe specific punishments for errors made by lower courts but rather provides a legal remedy to correct those errors through revision. However, the consequences of revision include:

1. Setting Aside the Decision:

   • If the High Court finds the decision of the subordinate court to be wrong due to illegality or material irregularity, it may set aside the lower court's order.

2. Costs of Revision:

   • If the High Court feels that the revision was unwarranted or filed without sufficient merit, it may impose costs on the party filing the revision.

3. Remanding the Case:

   • If the High Court believes the lower court's judgment is incorrect but requires further proceedings or correction of an error, it can remand the case back to the lower court with directions. This could delay the resolution of the matter.