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Civil Revision Petition In High Court Chandigarh

Civil Revision Petition In High Court Chandigarh

Civil cases are always different from 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 a 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 entertained by the Civil Judge Junior division except the divorce cases. Divorce cases are entertained by the District Judge.

According to Civil Revision Under The Code Of Civil Procedure, 1908 – “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 – to have exercised a jurisdiction not vested in it by law or to have failed to exercise a jurisdiction so vested, or 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.”

Under this section, the High Court shall not vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where— 

  1. If  the order, had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings, 
  2. If allowed to stand, the order would occasion a failure of justice or cause irreparable injury to the party against whom it was made. 

This section, the expression “any case which has been decided” includes any order made, or any order deciding an issue in the course of a suit or other proceeding.

When the question of Revision Arises –

In a civil case, a party can file revision at two stages:

1. During the pendency of the civil case

2. After obtaining the final order of the case.

1. During the pendency of the case

When any case is put up before the court (here is the 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 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 is given to the defence for the 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-examining to the witness goes from the hand of the defence party and its effect the case of the defendant. So the defendant must challenge this order by way of filling the revision petition. This kind of order is called Zimini order as well as an interlocutory order.

Interlocutory Order

When an order can change the direction of the case then it does not remain a simple Zimini order and converted into Interlocutory order and this kind of order must be challenged by filling of revision in the higher court. An example is already given above.

Where you file Revision in Civil Case

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

Definition 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.

2. Now, after obtaining the final order of the case

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

Limitation of Revision 

  • There is a limited period for every appeal, within which an appeal should be filed. 
  • in case of a decree passed by lower court in civil suit, for High Court the appeal should be filed in 90 days from the date of decree; for any other court the appeal should be filed in 30 days from the date of decree.
  • If there are more than one defendants then anyone can file for all of them.
  • Even if an appeal is filed the order passed on by the lower court can not be nullified or stayed. But a temporary stay can be asked for.
  • The court may require the appellant to deposit some sort of security.
  • Notice shall also be sent to the lower court, whose decree or order has been appealed
  • To appellant is required to file ” Process Fee ” which is very nominal in amount, and on such filing, the notice shall also be sent to opposite party.

To Conclude

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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