1.

Illegal exercise of the vested power or with immaterial

irregularity.
The High Court is not entitled to vary or reverse the order or decision of
the subordinate court unless such order is in favour of the party who has
applied for revision. Also, the revisional jurisdiction is not to be
exercised if in that matter appeal lies to the High Court.

So, by analysing section 115, we can observe that the revision is done
mainly on jurisdictional errors by the subordinate Court.

Can the power of Revision be exercised if an alternative remedy is

available?
The exercise of revisional jurisdiction is upon the discretion of the court
and the parties cannot claim it as a right. In the leading case of Major.
S.S. Khanna v. Brig. F.J. Dillion, it was held by the Supreme Court that
the court has to take into consideration several factors before exercising
the revisional jurisdiction. One of the that is considered is the
availability of an alternative remedy. When an alternative and
efficacious remedy is available to the aggrieved party, then the court
may not exercise its revisional power under section 115 of the Code.

The limitation period for Revision

According to article 131 of the Limitation Act, 1963 for a revision of

the decree or order, the limitation period is 90 days. The revision
application is required to be made before the High Court within the
limitation period.

DISTINCTIONS
 REFERENCE AND REVIEW

S.No. Reference Review

The case is referred to the High Court For review, the application
1. by the subordinate court and not by is made by the aggrieved
the party for reference. party.

A review is done by the

The matter of reference can be
2. court which has passed the
decided by the High Courts only.
decree or made the order.

Reference can be made only when the A review can be done only
3. suit, appeal or execution proceeding after the decree or order is
is pending. passed.

Grounds of reference is different than Grounds for review are

4.
a review. different.

REFERENCE AND REVISION

S.No. Reference Revision

For revision, the application is

For reference, a case is
made to the High Court either
1. transferred by a subordinate court
by the aggrieved party of by
to the High Court.
High Court suo moto.
 The grounds for reference is
The ground for revision is
when there is reasonable doubt
2. jurisdictional errors by the
on the question of law by the
subordinate court.
subordinate court.

REVIEW AND REVISION

S.No. Revision Review

A review is done by the court

Revisional jurisdiction can be
1. who has passed the order or
exercised only by the High Court.
decree itself.

Revisional power is exercised Review of an order or decree

2. when no appeal lies to the High can be done even if an appeal
Court. lies to the High Court.

The High Court can exercise the For review, an application is

3. revisional power even suo moto(by required to be filed by the
its own motion). aggrieved party.

The grounds for revision is mainly The grounds for revision are
4.
on jurisdiction errors. different

The order passed on

The order granting the review is
5. exercising revisional
appealable.
jurisdiction is not appealable.

REFERENCE AND APPEAL

S.NO Reference Appeal


The power of reference is
1.
vested in the court.
Reference can always be
2.
made to the High Court.
The grounds for reference
3. are a substantial question of
law and it is narrower.
Reference can be made only
4. when the suit, order or
execution is pending.
Review and Appeal
S.No. Review
A review can be made only to the
1.
same court.
The review is a procedure of
reconsideration of the same matter
2.
by the same judge of the same
court.
3. Grounds of review are narrower
The right to appeal is the right
which has been conferred to the
parties.
An appeal can be made to any court
which superior and it does not need
to be only High Court.
The grounds of appeal are much
wider than grounds for reference.
An appeal can be filed only after
the decree is passed or appealable
order has been made by the
subordinate court.
Appeal
An appeal can be filed to any
superior court.
An appeal is the procedure
of consideration of the
matter by the different judge
of the superior court.
Grounds for appeal are wider
 than the grounds for appeal. than the grounds of review.

In an appeal, the provision

There is no provision for the for the second appeal lies
4.
second review. when sufficient grounds are
present.

REVISION AND APPEAL

S.No
Revision Appeal
.

An appeal can be made to

An application for revision lies only any court superior to the
1.
to the High Court. court passing the decree or
order.

A revisional application can be made

An appeal lies only from the
to the High Court for any decision
2. decree or order passed by
made by the subordinate court when
the subordinate court.
no appeal lies for such decision.

The right to appeal has been

Revisional power of the High Court
3. provided by the statue as a
is totally discretionary.
substantive right.

An appeal lies on the

The grounds for revision is the
4. question of fact or question
jurisdictional error.
of law or, both.

5. For revision, filing an application is For an appeal a

not necessary. The high court may memorandum of appeal to
 be filed by the aggrieved
exercise the revisional power as suo
party before the superior
moto.
court is a must.

CONCLUSION

The provisions for reference, review and revision provided under the
Code of Civil Procedure are different ways by which the court can work
more efficiently for fairness of justice system even when there is no
provision of appeal.

Whenever a matter is decided is the Court and the judge passes a decree
or order then there might be circumstances where there has been any
mistake or error, or a party is aggrieved by the order or decree or, there
can also be circumstances where the subordinate court is doubtful on
such question of law. And, a general rule once a judgement is
pronounced it cannot be altered by the same court.

So the provision of review, reference and revision have been inserted

under the legal system to avoid a miscarriage of justice.

Where the reference is sought by the subordinate court itself when there
is a doubt on the question of law to the High Court, revisional power is
exercised when there is a jurisdictional error by the subordinate court.
The power of review is vested in the subordinate court itself which has
passed the decree or order.

The process of Review, reference and revision are also very different
from Appeal or Second appeal. The subordinate court can seek reference
from the High Court on its own but for review or revision, an application
is required to be filed. So, all three procedures have different grounds,
conditions and procedures.