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Report No. 79

12.2. Revision under the Code of Civil Procedure-Need for scrutiny.-

It may, in the first place1, be mentioned that section 115 of the Code of Civil Procedure prescribes a very narrow area for interference by the High Court in exercise of its revisional jurisdiction. The High Court can interfere only where the subordinate court has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in the exercise of its jurisdiction illegally or with material irregularity. There are certain other limitations recently introduced by the amendment made in 1976 in section 115. The scope of the section, and the limitations introduced recently, should both be borne in mind.

It may be true that not more than 40 to 50 per cent. of the applications for revision are admitted, and the rest are dismissed summarily. But when a rule nisi is issued in case of a revision, proceedings in the lower court are generally held up during the pendency of the revision and it is not infrequently that the record of the case in the subordinate court is also called for in the High Court, so that further proceedings in the subordinate court, even in the absence of a stay order, come to a standstill. Greater care should therefore be taken, and close scrutiny be made, at the stage of admission of revisions.

1. Para. 5.2, supra (Revision against interlocutory orders).



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