This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.

1. Code of Civil Procedure
1908
Reference, Review and Revision
Dr. Khakare Vikas
Asso. Prof.
Narayanrao Chavan Law College, Nanded, India

2. .
REFERENCE [Section 113, Order XLVI]
REVIEW [Section 114, Order XLVII]
REVISION [Section 115]

3. REFERENCE [Section 113, Order XLVI]

A subordinate Court can refer a case for opinion of High Court.

During trial of a case trial Court may have a doubt as to any question of
law involved in that case.

Then such Court may state the case and refer to High Court for opinion
and decide the case accordingly.

Any Court may state a case and refer the same for the opinion of the High
Court, and the High Court may make such order thereon as it thinks fit.

4. When a subordinate Court may refer case to
High Court

When before a subordinate court-
i. Involves a question as to validity of any Act, Ordinance or
Regulation or of any provision thereof, and
ii.The determination of such question is necessary for the disposal
of the case, and
iii.In the opinion of the Court such Act, Ordinance, Regulation or
provision is invalid or inoperative, but has not been so declared
by High Court or Supreme Court.

5. Procedure relating to reference

A reference may be made by any Court – where in a suit or an appeal in which
the decree is not subject to appeal OR any question of law or usage having the
force of law arises OR there is doubts whether the suit is cognizable by a
Court or is not so cognizable.

Court can refer a case for reference suo moto or application made by a party.

The Court must draw up a statement of the facts of the case and the point on
which doubt is entertained. Such statement must be referred to High Court
along with its own opinion.

6. ---
The Court must draw up a statement of the facts of the case and the point on
which doubt is entertained. Such statement must be referred to High Court
along with its own opinion.
Court may either stay the proceedings or proceed in the case notwithstanding
such reference
The High Court, after hearing the parties if they appear and desire to be heard,
shall decide the point so referred, and shall transmit a copy of its judgment.
High Court may return the case for amendment, and may alter, cancel or set
aside any decree or order which the Court making the reference has passed or
made in the case out of which the reference arose, and make such order as it
thinks fit.

7. REVIEW [Section 114, Order XLVII]
Review means to reconsider, to re-examine or to re-assess or to look again
matter referred to it.
It is judicial re-examination by the same Court. Generally it is to correct
one’s own decisions.
It is an exception to the general rule that, once the judgment is
pronounced, it becomes functus officio i.e. the Court ceases to have
control over the case and Court has no jurisdiction to alter it.

8. Who can apply for review

By a person aggrieved by
1.by a decree or order from which an appeal is allowed by
this Code, but from which no appeal has been preferred,
2.by a decree or order from which no appeal is allowed by
this Court, or
3.by a decision on a reference from a Court of Small
Causes.

9. Court to which review application can be made
A review application can be made to the Court who passed the
decree or order or its officer in successor.

10. Grounds of review
A review application must contain following grounds
i. Discovery of new and important matter or evidence which, after
the exercise of due diligence was not within his knowledge or
could not be produced by him at the time when the decree was
passed or order made, or
ii.On account of some mistake or error apparent on the face of the
record or
iii.For any other sufficient reason.

11. Grounds of objection by respondent

A review petition may objected on the ground of
1.That the review application is not made to the Court who passed
order or decree,
2.There is no ground for review i.e. no new evidence, no
error/mistake on face of record.
3.That the party besides knowledge, failed to produce such
evidence during trial,
4.No notice was given to opposite party as required,
5.Review application was made after expiry of limitation period
without any application for delay condonation.

12. REVISION [Section 115]
To revise means to look again and correct.
Object of this provision is to enable High Court to correct, when
necessary, certain clauses of errors of jurisdiction committed by the
subordinate Courts.

13. When High Court may review
The High Court may call for the record of any case which has
been decided by any Court subordinate to such High Court and in
which no appeal lies thereto, and if such subordinate Court
appears:
1.To have exercised a jurisdiction not vested in it by law; or
2.To have failed to exercise a jurisdiction so vested; or
3.To have acted in the exercise of its jurisdiction illegally or with
material irregularity,
the High Court may make such order in the case as it thinks fit.

14. When High Court can use revision power
High Court can exercise its revision power when:
1.Person aggrieved by an order passed by subordinate
Court make application or
2.High Court may suo-motu considers it necessary.

15. Conditions for revision
1.There must be a case decided
2.The Court deciding the case must be subordinate to High Court
3.Order passed is non appealable
4. In deciding the case, subordinate Court must appear to have:
a)Exercised jurisdiction not vested in it by law.
b)Failed to exercise the jurisdiction so vested.
c)Acted in the exercise of its jurisdiction illegally or with
material irregularity.

16. APPEAL REFERENCE

Right to appeal is vested in party to suit.

An appeal is preferred to higher/superior
Court. (including High Court)

Grounds of appeal are question of fact or
law involved in the litigation and it is more
comprehensive than grounds of reference.

Appeal is possible when proceeding is
concluded by decree or when an appealable
order is passed.

Right of reference is vested with the Court.

Reference is always preferred to High Court.

Ground of reference is validity of any Act,
Ordinance, Regulation or provision of an
Act.

Reference is made while proceeding is
pending.

17. APPEAL REVIEW

An appeal is preferred to
higher/superior Court.

Appeal is heard by different judge.

Ground of appeal may be question
of law or fact.

Second appeal is possible.

Application for review lies to same
Court who passed decree or order.

In review same judge reconsiders
order or judgment passed by him.

The ground of review is finding
new evidence, error on face of
record or like sufficient reason.

No second review is possible.

18. APPEAL REVISION

Appeal is preferred by party to suit.


An appeal is preferred to
higher/superior Court. (including
High Court)

Right to appeal is substantive right.

Ground of appeal may be question
of law or fact.

A revision is preferred by party to
suit OR High Court may itself call
for records for revision.

Revision is preferred to High
Court.

Right of revision is discretionary.

Ground of revision is always
related with point of jurisdiction
exercised by lower Court.

19. Thank you.