Mastering Civil Litigation: Review & Revision – Sections 114 & 115 CPC, 1908

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Mastering Civil Litigation: Review & Revision – Sections 114 & 115 CPC

“Every judgment isn’t final — but there are rules for second chances.”

Section 114 – Review of Judgment

Review means asking the same court to reconsider its judgment.

When can you seek a Review?

A party can apply for review if:

  1. Discovery of new and important evidence (which couldn’t be produced earlier despite due diligence)

  2. Error apparent on the face of the record

  3. Any other sufficient reason

Time Limit:

  • 30 days from the date of the judgment/decree

Important Notes:

  • Review must be filed in the same court that passed the judgment.

  • No review if appeal is already filed, unless allowed by law.

  • Only one review allowed — no second review!

Example:

If the court mistakenly quoted a wrong provision of law or ignored a document already on record — you may apply for review under Section 114 r/w Order XLVII CPC.

Section 115 – Revision by High Court

What is Revision?

It allows the High Court to correct a jurisdictional error made by a subordinate court where no appeal lies.

When can you file a Revision?

Only when:

  1. No appeal lies against the order

  2. Subordinate court has:

    • Exercised jurisdiction not vested in it, or

    • Failed to exercise jurisdiction, or

    • Acted illegally or with material irregularity

What High Court CANNOT do:

  • Re-examine evidence

  • Act like an appellate court

Example:

If a trial court refuses to admit a document claiming it has no power to do so, and no appeal lies, you can file a revision under Section 115 CPC.

Key Differences (Review vs Revision):

Point Review Revision
Who hears it? Same court that passed the judgment High Court
Based on Error or new evidence Jurisdictional error
Available when? Appeal may or may not lie Only when no appeal lies
Purpose Reconsider own decision Supervise and correct lower courts

Pro Tips for Lawyers:

  • Use Review for correcting mistakes

  • Use Revision for procedural/jurisdictional issues

  • Don’t confuse Revision with Appeal – they serve different purposes!


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