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The Code of Civil Procedure, 1908: page 73
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 73, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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Explanation—In this section, the expression “ any case which has been decided” includes any
order deciding an issue in the course of a suit or other proceeding.”.
3. Saving.—The amendment made by this Act shall not affect the validity, invalidity, effect or
consequence of anything already done or suffered, or any jurisdiction already exercised, and any
proceeding instituted or commenced in the High Court under section 115 of the Code of Civil Procedure,
1908 (5 of 1908) prior to the commencement of this Act shall, notwithstanding such amendment, continue
to be heard and decided by such Court.
[Vide the Orissa Act 26 of 1991, s. 2]
Amendment of section 115.—In the Code of Civil Procedure, 1908 (5 of 1908), for section 115, the
following section shall be substituted, namely:—
115. Revision.—(1) The High Court, in cases arising out of original suits or other proceedings of the
value exceeding five lakhs rupees and the District Court, in any other cases, including a case arising out
of an original suit or other proceedings instituted before the commencement of the Code of Civil
Procedure ( Orissa Amendment) Act, 2010, 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— e
od
(a) to have exercised a jurisdiction not vested in it by law; or
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(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,
di
the High Court or the District Court, as the case may be, may make such order in the case as it thinks fit:
In
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.
(2) The High Court or the District Court, as the case may be, 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 the order, if it had been made in favor of the party applying for revision, would have finally
disposed of the suit or other proceedings.
(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 or District Court, as the case may be.
Explanation—In this section, the expression, “any case which has been decided” includes any order
deciding an issue in the course of a suit or other proceeding.”.
[Vide the Orissa Act 14 of 2010, s. 2]
Uttar Pradesh
Amendment of section 115 of Act V of 1908.—In section 115 of the said Code—
(i) for the words “High Court”, wherever occurring, the words “High Court or District Court” shall be
substituted; and
(ii) the following proviso thereto shall be inserted at the end, namely:--
“Provide that nothing in this section shall be construed to empower the District Court to call for
the record of any case arising out of an original suit of the value of twenty thousand rupees or above,”.
[Vide Uttar Pradesh Act 14 of 1970, s. 3]
Uttar Pradesh
Substitution of new section for section 115 of 5 of 1908.— For section 115 of the Code of Civil
73
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