Discuss the provisions related to revision under the Code of Civil Procedure 1908.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
Discuss the provisions related to revision under the Code of Civil Procedure 1908.

Answer & Explanation:

Section 115 of the Code of Civil Procedure, 1908 (the Code) deals with revision. 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 - to have exercised a jurisdiction not vested in it by law, or to have failed to exercise a jurisdiction so vested, or to have acted in the exercise of its jurisdiction illegally or with material irregularity, The High Court may make such order as it thinks fit. Provided that the High Court shall not vary or reverse any order made or any order deciding an issue in the course of a suit or proceeding except where the order, if it had been made in favour of the party applying for revision would have finally disposed off the suit or other proceedings. The High Court shall not vary or reverse any decree or order against which an appeal lies either to the High Court or any Court subordinate thereto. A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or proceeding is stayed by the High Court.

Topics: Code of Civil Procedure, 1908

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