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The Code of Civil Procedure, 1908: page 76
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 76, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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(3) The superior court shall not, under this section, very or reverse any order made
except where, —
(i) the order, if it had been made in favour of the party applying for
revision, would have finally disposed 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 is made.
(4) 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 superior court.
Explanation —I In this section,—
(i) the expression ‘superior court’ means —
the district court, where the valuation of a case decided by a court
(a)
subordinate to it does not exceed five lakh rupees ;
the High Court, where the order sought to be revised was passed in a
(b)
case decided by the district court or where the value of the original suit or
other proceedings in a case decided by a court subordinate to the district
court exceed five lakh rupees ; e
(ii)
od
the expression ‘order’ includes an order deciding an issue in any
original suit or other proceedings. aC
Explanation —II. The provisions of this section shall also be applicable to
di
orders passed, before or after the commencement of this section, in original suits
In
or other proceedings instituted before such commencement.”
[Vide Uttar Pradesh Act 14 of 2003, s. 2]
PART IX
SPECIAL PROVISIONS RELATING TO THE 1[HIGH COURTS 2[NOT BEING THE COURT OF A JUDICIAL
COMMISSIONER]
116. Part to apply only to certain High Courts.—This Part applies only to High Courts 2[not being
the court of a Judicial Commissioner.]
117. Application of Code to High Courts.—Save as provided in this Part or in Part X or in rules, the
provisions of this Court shall apply to such High Courts.
118. Execution of decree before ascertainment of costs.—Where any such High Court considers it
necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before
the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the
decree shall be executed forthwith, except as to so much thereof as relates to the costs;
and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the
amount of the costs shall be ascertained by taxation.
119. Unauthorized persons not to address Court.—Nothing in this Code shall be deemed to
authorize any person on behalf of another to address the Court in the exercise of its original civil
jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power
conferred by its charter authorized him so to do, or to interfere with the power of the High Court to make
rules concerning advocates, vakils and attorneys.
1. Subs. by Act 2 of 1951, s. 14, for “ C HARTERED H IGH C OURTS” (w.e.f. 1-4-1951).
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for “For Part A States and Part B States”.
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