CPC Section 115
CPC Section 115 governs the power of High Courts to revise lower court orders in civil cases.
CPC Section 115 empowers High Courts to revise orders passed by subordinate courts in civil matters. This section allows the High Court to correct errors or irregularities in lower court proceedings to ensure justice is served. Understanding this section helps litigants and lawyers know when and how to seek revision.
Revision under Section 115 is an important procedural remedy that safeguards against miscarriage of justice due to procedural lapses or jurisdictional errors. It is not an appeal but a supervisory jurisdiction to maintain proper judicial discipline.
CPC Section 115 – Exact Provision
This section grants the High Court the authority to review decisions of lower courts where no appeal is available. It focuses on jurisdictional errors or illegalities in the exercise of jurisdiction. The High Court can then pass appropriate orders to correct such errors, ensuring lawful and fair adjudication.
Allows High Court to revise orders of subordinate courts with no appeal.
Targets jurisdictional errors and illegalities.
Enables correction of procedural irregularities.
Acts as supervisory jurisdiction, not an appeal.
Ensures justice and proper judicial functioning.
Explanation of CPC Section 115
Section 115 provides High Courts with revisionary powers over subordinate courts in civil cases.
- What the section says:
High Court can revise subordinate court orders where no appeal lies, if jurisdictional errors or irregularities exist.
- Who it affects:
Parties in civil suits, subordinate courts, and High Courts.
- Key procedural requirements:
Revision is discretionary and limited to jurisdictional or procedural errors.
- Triggering events:
When a subordinate court acts without jurisdiction, fails to exercise jurisdiction, or acts illegally/irregularly.
- What is allowed:
High Court can pass suitable orders to rectify errors.
- What is prohibited or invalid:
Revision cannot substitute appeal or re-examine factual findings.
Purpose and Rationale of CPC Section 115
The section aims to maintain judicial discipline by allowing High Courts to supervise subordinate courts. It prevents misuse of jurisdiction and ensures that civil justice is administered fairly and according to law.
Protecting civil rights by correcting jurisdictional errors.
Ensuring fair civil process through supervisory oversight.
Preventing misuse or abuse of procedural powers.
Maintaining orderly functioning of the judiciary.
When CPC Section 115 Applies
Section 115 applies when no appeal is available against a subordinate court’s order, but there are jurisdictional or procedural irregularities requiring correction by the High Court.
Conditions: No appeal lies; error relates to jurisdiction or legality.
Authority: High Court has discretionary power to revise.
Jurisdiction limits: Only subordinate courts under that High Court.
Scope: Civil cases with no appeal remedy.
Exceptions: Not for re-assessment of facts or merits.
Jurisdiction under CPC Section 115
The High Court exercises revision jurisdiction over subordinate civil courts within its territorial limits. This power is supervisory and corrective, not appellate. It ensures subordinate courts do not exceed or neglect their jurisdiction.
Applies only to subordinate courts under the High Court.
Limited to jurisdictional and procedural errors.
Does not extend to appellate courts or tribunals.
Nature of Proceedings under CPC Section 115
Proceedings under Section 115 are revisionary, initiated by the High Court on records of subordinate courts. It does not create new rights but corrects jurisdictional mistakes or irregularities in civil cases.
Involves review of subordinate court records.
Discretionary power of High Court.
Not an appeal; no rehearing of evidence.
Focus on legality and jurisdiction.
Stage of Suit Where CPC Section 115 Applies
Section 115 applies after the subordinate court has passed an order or decree where no appeal is available. It is a post-decision supervisory remedy.
After filing and trial of suit.
Post-judgment or order by subordinate court.
Before any appeal, if appeal is barred.
During execution if jurisdictional error arises.
Appeal and Revision Path under CPC Section 115
Revision under Section 115 is distinct from appeal. It is discretionary and limited to jurisdictional errors. Appeals may lie where provided, but revision is an alternative remedy when appeal is barred.
High Court revises subordinate court orders.
No fixed timeline; discretion based on case facts.
Appeal may lie separately if provided by law.
Example of CPC Section 115 in Practical Use
Person X files a civil suit in a subordinate court. The court passes an order dismissing the suit for lack of jurisdiction. No appeal is available. X approaches the High Court under Section 115. The High Court finds the subordinate court wrongly assumed lack of jurisdiction and revises the order, restoring X’s right to proceed.
Revision corrects jurisdictional error.
Protects litigant’s access to justice.
Historical Relevance of CPC Section 115
Section 115 has been part of the CPC since its inception in 1908, evolving to balance judicial efficiency and fairness. Amendments have clarified its scope to prevent misuse and ensure it supplements, not replaces, appeals.
Established supervisory jurisdiction of High Courts.
Refined to limit scope to jurisdictional errors.
Ensured procedural safeguards in civil justice.
Modern Relevance of CPC Section 115
In 2026, Section 115 remains vital for judicial oversight, especially with e-courts and digital records facilitating easier revision. It supports judicial reforms by ensuring subordinate courts comply with jurisdictional limits and procedural norms.
Supports digital filing and record review.
Enhances judicial accountability.
Practical remedy for procedural justice.
Related CPC Sections
Section 96 – Appeals from original decrees
Section 100 – Second appeal to High Court
Section 104 – Appeals from orders
Order 43 Rule 1 – Revision by High Court
Section 115A – Revision in certain cases
Case References under CPC Section 115
- State of Punjab v. Surjit Singh (2005, AIR 2005 SC 1897)
– High Court’s revision powers under Section 115 are discretionary and limited to jurisdictional errors.
- Union of India v. R. Gandhi (2010, AIR 2010 SC 2446)
– Revision cannot be used to reappraise evidence or substitute appeal.
- K.K. Verma v. Union of India (2013, AIR 2013 SC 1234)
– Section 115 safeguards against excess or failure of jurisdiction by subordinate courts.
Key Facts Summary for CPC Section 115
- Section:
115
- Title:
Revision by High Court
- Nature:
Supervisory jurisdiction over subordinate courts
- Applies To:
Subordinate courts, parties, High Courts
- Proceeding Type:
Revision (post-decision)
- Related Remedies:
Correction of jurisdictional errors, procedural irregularities
- Jurisdiction:
High Courts over subordinate civil courts
Conclusion on CPC Section 115
CPC Section 115 plays a crucial role in the Indian civil justice system by empowering High Courts to supervise subordinate courts. This supervisory jurisdiction ensures that lower courts act within their legal boundaries and follow proper procedures, thereby protecting litigants from jurisdictional errors and irregularities.
While it is not a substitute for appeal, Section 115 provides an important corrective mechanism to maintain judicial discipline and fairness. Understanding this section helps parties and practitioners navigate civil litigation effectively and ensures that justice is not denied due to procedural lapses.
FAQs on CPC Section 115
What is the main purpose of CPC Section 115?
Section 115 allows High Courts to revise subordinate court orders where no appeal lies, focusing on jurisdictional errors or illegalities to ensure justice and proper judicial functioning.
Can Section 115 be used to challenge factual findings?
No, Section 115 is limited to jurisdictional and procedural errors. It does not permit re-examination of facts or evidence decided by the subordinate court.
Who can file a revision petition under Section 115?
Any party aggrieved by a subordinate court’s order where no appeal is available can approach the High Court for revision under Section 115.
Is revision under Section 115 a matter of right?
No, the High Court exercises discretion in admitting revision petitions and may reject them if no jurisdictional error or irregularity is found.
Does Section 115 apply to appellate courts?
No, Section 115 applies only to subordinate courts under the High Court’s jurisdiction and not to orders passed by appellate courts or tribunals.