Civil

Civil Revision Petition under Section 115 CPC

A Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, is a supervisory proceeding filed before the High Court to challenge an order of a subordinate civil court. It is not a second appeal on merits; the High Court's power is strictly limited to correcting jurisdictional errors or material irregularities apparent on the face of the record.

This petition is filed when no appeal lies to the High Court or any subordinate court against the impugned order. The remedy is governed exclusively by the three grounds enumerated in Section 115(1), as amended by Act 46 of 1999, and is maintainable only if the order, if decided differently, would have finally disposed of the suit or proceedings.

Draft this in LexPilot — freeHow AI drafting works
Governing law
CPC 1908 s.115 (as amended by Act 46 of 1999, effective 01-07-2002)
Sections
s. 115
Filed before
High Court (revisional jurisdiction over subordinate civil courts)

When this is the right filing

  • When a subordinate civil court has exercised a jurisdiction not vested in it by law.
  • When a subordinate court has failed to exercise a jurisdiction vested in it by law.
  • When a subordinate court has acted in the exercise of its jurisdiction illegally or with material irregularity.
  • When the impugned order is an interlocutory order that, if decided in the petitioner's favour, would have finally disposed of the suit or proceedings.
  • Do not use this petition if an appeal lies to the High Court or any subordinate court against the order; a revision is barred in such cases.

What the court looks for

  • A clear and verified averment that no appeal lies to the High Court or any subordinate court against the impugned order.
  • Grounds strictly confined to the three jurisdictional or material irregularity grounds under Section 115(1)(a) to (c).
  • If the order is interlocutory, a specific statement demonstrating that the order, if decided in the petitioner's favour, would have finally disposed of the suit.
  • A certified copy of the impugned order annexed and marked as the first exhibit.
  • A separate application for stay, as the revision petition itself does not operate as a stay of the subordinate court proceedings.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Index
  2. 2Court fee
  3. 3Facts
  4. 4Grounds
  5. 5Prayer
  6. 6Affidavit in support
  7. 7Annexures
  8. 8Vakalatnama
How it opens
7. That the Petitioner has not filed any other revision, appeal, or proceeding challenging the impugned order before this Hon'ble Court or before the Hon'ble Supreme Court of India or any other court, and no such proceeding is pending.

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between a Civil Revision Petition under Section 115 CPC and a petition under Article 227 of the Constitution?

A Section 115 revision is a strictly supervisory jurisdiction limited to correcting jurisdictional errors and material irregularities as defined in the provision. A petition under Article 227 invokes the High Court's power of superintendence over all subordinate courts, which is broader in scope and may be the appropriate remedy for a purely interlocutory order that does not meet the strict test under the proviso to Section 115(1).

Does filing a Civil Revision Petition automatically stay the proceedings in the subordinate court?

No. Section 115(3) CPC expressly states that the revision petition does not operate as a stay of the proceedings in the subordinate court. A separate application, typically a Civil Miscellaneous Petition or Interlocutory Application, must be filed to seek a specific order of stay.

Can the High Court re-appreciate evidence in a revision under Section 115 CPC?

No. The High Court's jurisdiction under Section 115 is supervisory and not appellate. The court cannot re-appreciate evidence or substitute its own view of the facts for that of the subordinate court. The challenge must be based on a jurisdictional error or a patent illegality or material procedural irregularity on the face of the record.

Draft this in LexPilot — free

Free trial · Drafting assistance, not legal advice — always verify before filing.

More civil formats

All civil formats →