A civil revision under Section 115 of the CPC is an application to the High Court Division to examine the legality and propriety of an order passed by a subordinate civil court. It is a powerful remedy for correcting errors of law and jurisdiction without the expense and delay of a full appeal. TRW — Tahmidur Rahman Remura Wahid Law Associates files civil revisions before the High Court Division with precision and legal expertise.
Legal Basis for Civil Revision
Section 115 of the CPC empowers the High Court Division to call for the record of any case decided by a subordinate court and to revise the order if the subordinate court has: exercised jurisdiction not vested in it by law; failed to exercise jurisdiction vested in it; or acted in the exercise of its jurisdiction illegally or with material irregularity. The revisional jurisdiction under Section 115 is supervisory in nature — it is not a re-hearing of the case on merits, but a correction of legal errors.
The key distinction between revision and appeal is important. An appeal is available against a decree (final order). A revision is available against an order (interlocutory order) that is not a decree. TRW advises on whether the appropriate remedy is revision or appeal in each case.
Common Grounds for Civil Revision
TRW files civil revisions on the following common grounds. The lower court rejected the plaint without proper grounds. The lower court refused to grant a temporary injunction despite a strong prima facie case. The lower court passed an ex parte order without proper service of summons. The lower court refused to allow a necessary amendment. The lower court wrongly rejected a document as inadmissible. The lower court's order on a preliminary issue is legally incorrect. TRW identifies the most compelling grounds for revision and presents them concisely to the High Court.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's High Court team file civil revisions before the High Court Division. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What is the time limit for filing a civil revision?
A: Generally 90 days from the date of the order, subject to the Limitation Act 1908.
Q: Can I get a stay of the lower court proceedings while the revision is pending?
A: Yes. TRW applies for a stay of the lower court proceedings simultaneously with the revision petition.
Q: Is there a difference between civil revision and civil appeal?
A: Yes. A revision is against an order; an appeal is against a decree. A revision is supervisory; an appeal is a re-hearing on merits.
