REFERENCE, REVIEW, AND REVISION
Section 113 of Civil Procedure Code, 1908 provides that a subordinate court can state and refer a case to the High Court for its opinion and the High Court may make any order which it deems fit in that case. This is called the reference.
Only a court can refer a case either based on the application of either party to the suit or the subordinate court can suo motu seek the opinion of a High Court, in any case, pending before it.
CONDITIONS FOR REFERENCE:
- When the subordinate court finds that the case that is pending before it involves a question of the validity of an Act, Ordinance, Regulation, or any of their provisions
- Determination of this question is essential for disposing of the case,
- The suit or appeal pending before the subordinate court must be one in which the decree passed by the subordinate court is not subject to an appeal or a pending proceeding, execution of such decree.
- When the subordinate court thinks that the Act, Ordinance or Regulation or any of their provision is invalid or inoperative but is not so declared by its higher court or Supreme Court.
- A subordinate court must doubt a question of law while trying the suit, appeal, or during the execution proceedings
OBJECT OF REFERENCE:
The following are the objects of seeking reference of High Court-
- Seeking reference from the higher court in non-appealable cases enables the subordinate court to take the opinion of the High Court about the question of law so that they do not commit an error that could not be remedied later on.
- Seeking Reference from a High Court also ensures that the validity of an Act, Ordinance Regulation is decided by the highest court in the State and not by a subordinate court.
- The Act of the legislature should be interpreted by the apex court in the State.
POWER AND DUTY OF HIGH COURT ON A CASE REFERRED TO IT:
When a case is sent to High Court for its reference then the jurisdiction of the High Court in such a case is consultative. The High Court can answer the question of law referred to it and send the case back to the referring court for disposing of the case. The subordinate court after receiving the copy of the judgment of the High Court shall dispose of the case according to the decision of the High Court. The High Court also has the power to refuse to answer the reference and can even quash it.
While the case is submitted to the High Court for opinion the referring court may either stay the proceedings or pass a decree contingent upon the decision of the High Court on the question of law referred. If the question of law is answered by the High Court in favor of the plaintiff then the decree will be confirmed. If the High court answers against the plaintiff then the suit will be dismissed.
Section 114 of the Code of Civil Procedure, 1908 provides judicial reexamination of the same case by the same court and by the same judge. A person who is aggrieved by the decision of the court may apply for a review of the judgment to the same court which passed the decree and after reviewing the case the same court may make an order which it thinks fit.
CONDITIONS FOR REVIEW-
An application for review of a judgment can be filed only when a party to the suit is aggrieved-
By a decree or order from which an appeal is allowed by the CPC, but from which no appeal is preferred
By a decree or order from which no appeal is allowed by CPC, or
By a decision on a reference from a Court of Small Causes.
GROUNDS ON REVIEW APPLICATION CAN BE FILED:
- Discovery of new important evidence- A review application is allowed on the ground of discovery of some new and important evidence by the applicant which he could not discover or produce even after exercising due diligence as it was not within his knowledge when the decree was passed by the court.
- Error apparent on the face of the record- The error in the decision of the Court can be of fact or law. Such error has to be examined judicially on the facts of each case. Such error has to be on the face of the record and one does not have to travel beyond the record to find out if the judgment is incorrect or not.
- Any other sufficient reason– A application for review can be filed for some other reasons like a statement made in the judgment is incorrect, where the party to the suit was not given notice or fair chance to produce his evidence, the court ignored or failed to consider some important fact or evidence, etc.
In case if the application for the review of a judgment is rejected by the court then the said rejection order is not appealable. Further, the review of the review is not granted by the CPC.
REVIEW BY THE SAME JUDGE:
Review of a judgment has to be done by the same judge who passed that judgment. He alone has the jurisdiction to reconsider the case and review the former order passed by him in that case. As the judge had gone through all the aspects of facts and law in that case he is best suited to remove any mistake or error on the face of the judgment passed by him.
PERIOD OF LIMITATION:
The period of limitation for applying for a review of a judgment passed by a court other than the Supreme Court is thirty days from the date of the order or decree.
Section 115 of the Civil Procedure Code provides that A High Court can entertain a revision in any case that has been decided by the subordinate court in certain situations.
CONDITIONS FOR REVISION:
The High Court has the power to call for the record of any case decided by any court that is subordinate to such High Court and in which no appeal lies thereto in following situations-
- A case must have been decided.
- The case must be decided by a court that is subordinate to the High Court.
- If it appears to the High Court that the subordinate court-
- Have exercised jurisdiction not vested in it by law, or
- Have failed to exercise jurisdiction vested in it by law, or
- Have while exercising its jurisdiction acted illegally or with material irregularity.
- The order passed by the subordinate court must not be appealable
In any of the above situations, the High Court can make such order as it thinks fit.
However, it must be noted that the High Court shall in case of revision vary or reverse any order made, or any order deciding an issue in course of a suit or other proceeding,
Except where the order, it had been made in favor of the party that has applied for revision would have finally disposed of the case.
The High Court shall not for revision of a case vary or reverse a decree or order against which appeal lies to the High Court or any other subordinate court.
A revision proceeding shall not act as a stay of suit or other proceedings before the Court except when it is stayed by the High Court.
OBJECT OF REVISION:
The following are the objects of Revision-
- It prevents all the subordinate courts while deciding cases from acting arbitrarily.
- It prevents the subordinate courts from acting irregularly while exercising their jurisdiction
- It vests the High Court with the power to check if the proceedings of the subordinate court are within its jurisdiction and by law for dispensing justice.
- It vests the High Court with the power to correct the jurisdiction errors committed by the subordinate courts.
- It provides a way for an aggrieved party to the case to obtain rectification of a non-appealable order.
Any party to the case who is aggrieved from the order of the subordinate court can apply for revision of such an order in the High Court. Further, the High Court also has the power to exercise suo motu revisional jurisdiction.
The exercise of revisional jurisdiction by the High Court is discretionary. The applicant applying for revision has to show that not only jurisdictional error is committed by the subordinate court in his case but also that the interest of justice is at stake.
PERIOD OF LIMITATION:
The limitation period for revision application is ninety days from the date of the decree or order sought to be revised.
DISTINCTION BETWEEN REFERENCE, REVIEW, AND REVISION:
|1.||The subordinate court itself refers the case to the High Court.||Review application is made to the High Court by the aggrieved party|
|2.||Only High Court has the power to decide the subject matter of reference||Review is done by the court which had passed the decree or made order.|
|3.||Reference is made while pending a suit, appeal, or execution proceedings.||Review applications can be filed only after passing the decree or making the order.|
|1.||The subordinate court itself refers the case to the High Court and not the aggrieved party.||Revision by High Court is invoked by the aggrieved party or the High Court suo motu.|
|2.||Ground for invoking reference is reasonable doubt by the subordinate court on the question of law||Ground for invoking review is a commission of jurisdictional error by the subordinate courts.|
|1.||Review is done by the very court which had passed the order or decree.||Revision jurisdiction is exercised only by the High Court|
|2.||Review application can be filed even in appealable cases||Revision applications can be filed only in non-appealable cases.|
|3.||For review, an application has to be made by the aggrieved party.||The high court has the power to exercise revisional powers suo motu.|
|4.||The order granting review is appealable||The order passed in revisional cases is not appealable.|
From the above discussion, we can conclude that Reference provides an opportunity for the subordinate court to take the opinion of the High court in matters involving the question of law. Through the review, the court can reexamine the case it had decided earlier in light of the discovery of new evidence. Revisional power is exercised by the High Court to correct any jurisdictional error committed by the subordinate court.
Thus, we can say that the provisions of Reference, Review, and Revision in the Civil Procedure Code empower the High Court to correct the errors of the subordinate court and provide justice to the party aggrieved from the judgments of these courts. Reference, Review, and Revision help in dispensing justice by the High court especially in cases where no appeal lies from the decision of the subordinate courts.
The reference provides an opportunity for the subordinate court to take the opinion of the High court in matters involving the question of law. Through the review, the court can re-examine the case it had decided earlier in light of the discovery of new evidence. Revisional power is exercised by the High Court to correct any jurisdictional error committed by the subordinate court.