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    CIVIL REVISION IN HIGH COURT

    Civil cases are always different from the criminal cases. Civil cases are initiated from the court and there is no role of police in the civil cases. Civil cases are related to personal dispute between two persons/parties on an issue which is civil in nature. Like dispute on share of property, Will, Partition, Injunction matter, Possession of property, rent matter, recovery of amount, dispute on ownership of property, Husband-wife dispute like divorce case, child custody case, maintenance case etc and most important thing is all the case are entertain by the Civil Judge junior division except the divorce cases. Divorce cases are entertained by the District Judge.

    When question of Revision arise –

    In a civil case, a party can file revision at two stages 1. During the pendency of civil case and 2. After the obtaining the final order of the case .

    First we talk about during the pendency of the case

    When any case is put up before the court (here is meaning of court is Judge) on date of hearing The proceeding of the hearing of the case on  that day will reduce into writing on the paper and judge put the signature on the paper after completing the hearing. That is called Zimini order. For Example

     

    “One Pw is present today but no cross examination conduct by the defence counsel.

    Adjourned the case for the cross examination of Pw.”

     

    Sd/-

    (Civil Judge/Jr. Div.)

    Chd.

    This is a simple order passed by the court and both the parties have no harm from this order and simply the accept the order. But when the order passed like this

     

    “One Pw is present today but no cross examination conduct by the defence counsel.

    No other opportunity given to the defence for cross. Adjourned the case for Dw.”

     

    Sd/-

    (Civil Judge/Jr. Div.)

    Chd.

    This order is against the defendant party (who oppose the case) and right of cross examine to the witness goes from hand of the defence party and its effect the case of the defendant. So defendant must challenge this order by way of filling the revision petition. This kind of order is called Zimini order as well as interlocutory order.

    Interlocutory order –

    When an order can change the direction of the case then it’s not remain a simple zimni order and converted into interlocutory order and this kind of order must be challenge by filling of revision in higher court. Example is already given above.

    Where you file Revision in Civil Case –

    In Civil case, if any party aggrieved from order of the civil judge, he can challenge the order in revision petition before the Hon’ble High court of the State.

    Defination of Revision as per CPC

    Our civil procedure code define the revision –

    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-

    (a) To have exercised a jurisdiction not vested in it by law, or

    (b) To have failed to exercise a jurisdiction so vested, or

    (c) 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.

    Now we talk about After the obtaining the final order of the case

    This is second type of revision which is filed after the obtaining the final decree of suit from the lower court . Generally appeal is filed against the decree passed by the lower court ( here is lower court means which above the civil judge junior div.) After that decree, Challeged before the district judge by way of filling an appeal and if in appeal party not succeed then came into the High court in Second Appeal but in some matter provision second appeal is not available as per the CPC then revision can file by the aggrieved party. For example in rent matter provision of second appeal is not available so revision can file in the high court against the order of appellant authority.

    The High Court exercises its powers under this section keeping in mind the interest of justice and convenience of the parties. It is to be ensured that unnecessary inconvenience is not caused to any party.

     

     

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