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The Code of Civil Procedure, 1908: page 75
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 75, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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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 no under his section, vary or reverse any order including an
order deciding an issue, made in the course of a suit or other
proceeding, except where, —
(i)the order, if so varied or reversed, would finally dispose of
the suit or other proceeding ; 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.
Explanation — In this section, the expression ‘any case which has been
decided’ includes any order deciding an issue in the course of a suit of other
Proceeding.”
[Vide Uttar Pradesh Act 31 of 1978, s. 3]
Uttar Pradesh
Amendment of section 115 of Act no. 5 of 1908.—In section 115 of the Code of Civil
e
Procedure, 1908, hereinafter int his Chapter referred to as the said Code,--
od
(a) for the words “of the value of the twenty thousand rupees and above including such
suits or other proceedings instituted before August 1, 1978” the following words shall be
substituted, namely — aC
“of the value exceeding one lakh rupees or such higher amount not exceeding five lakh
di
rupees as the High Court may from time to time fix, by notification published in the official
Gazette including such suits or other proceedings instituted before the date of commencement of
In
the Uttar Pradesh Civil Laws (Amendment) Act, 1991, or as the case may be, the date of
commencement of such notification.” ;
(b) after the second proviso, the following proviso shall be inserted, namely ;
“Provided also that where a proceeding of the nature in which the District Court may call
for the record and pass orders under this section was pending immediately before the relevant date
of commencement referred to above, in the High Court, such court shall proceed to dispose of the
same.”
[Vide Uttar Pradesh Act 17 of 1991, s. 7]
Substitution of section 115 of Act no. 5 of 1908.— For section 115 of the Code of
Civil Procedure, 1908, hereinafter referred to as the principal Act, the following section shall
be substituted and be deemed to have been substituted with effect from July 1, 2002, namely:—
“115. Revision (1) A superior court may revise an order passed in a case decided in an
original suit or other proceeding by a subordinate court where no appeal lies against the order
and where the subordinate court has —
(a) exercised a jurisdiction not vested in it by law ; or
(b) failed to exercise a jurisdiction so vested ; or
(c) acted in exercise of its jurisdiction illegally or with material irregularity.
(2) A revision application under sub-section (1), when filed in the High Court, shall
contain a certificate on the first page of such application, below the title of the case, to the
effect that no revision in the case lies to the district court but lies only to the High Court either
because of valuation or because the order sought to be revised was passed by the district court.
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