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The Code of Civil Procedure, 1908: page 72

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 72, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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         (a) to have exercised a jurisdiction not vested in it by law, or
         (b) to have failed to exercise a 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:
    1
     [Provided that the High Court shall not, under this section, vary or reverse any order made, or any order
deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in
favour of the party applying for revision would have finally disposed of the suit or other proceedings.]
    2
     [(2) The High Court shall not, under this section, vary or reverse any decree or order against which
an appeal lies either to the High Court or to any Court subordinate thereto.
    3
    [(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where
such suit or other proceeding is stayed by the High Court.]
   Explanation.—In this section, the expression “any case which has been decided” includes any order
made, or any order deciding an issue in the course of a suit or other proceeding.]
                                              STATE AMENDMENTS          e
Orrisa                                                               od
    Amendment of section 115.—In the Code of Civil Procedure, 1908 (5 of 1908) for section 115, the
following section shall be substituted, namely:—               aC
                                                        di
     115. Revision.—The High Court, in cases arising out of original suits or other proceedings of the
value exceeding one lakh rupees, and the District Court, in any other case including a case arising out of
                                                    In
an original suit or other proceedings instituted before the commencement of the Code of Civil Procedure
( Orissa Amendment) Act, 1991, may call for the record of any case which has been decided by any
Court subordinate to the High Court or the District Court, as the case may be, and in which no appeal
lies thereto, and if such subordinate Court appears—

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

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

         (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity;

the High Court or the District Court, as the case may be, may make such order in the case as it thinks fit:

    Provided that in respect of cases arising out of original suits, or other proceedings of any valuation
decided by the District Court, the High Court alone shall be competent to make an order under this
section:

    Provided further that the High Court or the District Court shall not, under this section, vary or reverse
any order, including an order deciding an issue, made in the course of a suit or other proceedings, except
where—

         (i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings; or

         (ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury
    to the party against whom it was made.

1. Subs. by Act 46 of 1999, s.12, for “proviso” (w.e.f. 1-7-2002).
2. Ins. by Act 104 of 1976, s. 43 (w.e.f. 1-2-1977).
3. Ins. by Act 46 of 1999, s.12 (w.e.f. 1-7-2002).


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