Reference, Review, and Revision in CPC
Reference, Review, and Revision in CPC
1. Reference
Meaning:
Reference is a procedure where a lower court (usually a subordinate court) refers a question of law or fact to a higher court for its opinion before deciding the case.
It is usually initiated by the court itself when it feels the question is important or doubtful.
Legal Provision:
Governed by Section 113 CPC.
Purpose:
To obtain the opinion of a higher court on a question of law or fact.
It ensures uniformity and correctness in judicial decisions.
When can Reference be made?
When a civil court has doubt about a question of law or usage of trade that is relevant to the case.
The court cannot proceed without the opinion of the higher court on the question.
Effect of Reference:
The court stays proceedings on the question referred until the higher court answers.
The opinion given is binding on the referring court.
Example:
A trial court feels that the question of whether a certain law applies in a case is doubtful, so it refers the question to the High Court before proceeding.
2. Review
Meaning:
Review is a procedure by which a court re-examines its own judgment or order to correct a mistake apparent on the face of the record.
It is a form of self-correction.
Legal Provision:
Governed by Order 47 Rules 1 and 2 CPC.
Grounds for Review (Order 47 Rule 1):
Discovery of new and important evidence.
Mistake or error apparent on the face of the record.
Any other sufficient reason.
Who can apply?
Any party to the suit or proceeding can apply for review.
Time Limit:
Usually within 30 days from the date of judgment or order.
Purpose:
To correct obvious errors or mistakes without filing an appeal.
It is not a rehearing or retrial but a limited scope correction.
Effect:
The court may confirm, modify, or reverse its earlier decision.
Important Case Law:
Dalpat Kumar v. Prahlad Singh, AIR 1993 SC 276
Held: Review is limited to errors apparent on the face of the record and not an appeal in disguise.
3. Revision
Meaning:
Revision is a procedure where a higher court (usually High Court) examines the correctness, legality, or propriety of an order or decision of a lower court.
It is a supervisory jurisdiction.
Legal Provisions:
Provided under Sections 115 and 115A of the CPC.
Grounds for Revision (Section 115):
If the lower court’s decision is illegal or without jurisdiction.
If there is material irregularity or error.
If the order is oppressive or causes miscarriage of justice.
Purpose:
To ensure lower courts act within their jurisdiction and according to law.
To prevent injustice or misuse of jurisdiction.
Who can file?
Any aggrieved party against an order or judgment of the lower court.
Important Case Law:
Union of India v. Raghubir Singh, AIR 1972 SC 1067
Held: Revision is not an appeal and the scope is limited to jurisdictional or legal errors.
Comparison Table
| Aspect | Reference | Review | Revision |
|---|---|---|---|
| Definition | Court refers a question to higher court | Court re-examines its own judgment | Higher court examines lower court’s order |
| Provision | Section 113 CPC | Order 47 Rules 1 & 2 CPC | Section 115 & 115A CPC |
| Purpose | Obtain opinion on question of law or fact | Correct mistakes apparent on record | Supervise legality and jurisdiction of lower courts |
| Initiated by | Court itself | Party to suit | Aggrieved party |
| Scope | Question of law or usage of trade | Mistake apparent on record, new evidence | Illegality, jurisdictional errors, miscarriage of justice |
| Effect | Binding opinion on referring court | Court may confirm, modify or reverse | Higher court may set aside or modify order |
| Time Limit | No specific time limit | Generally within 30 days | Within prescribed period under statute |
Summary
Reference is a court-initiated request for guidance from a higher court on a point of law or fact.
Review is a limited remedy to correct obvious errors in the court’s own judgment.
Revision is a supervisory jurisdiction exercised by a higher court over lower courts to check jurisdictional errors or injustice.
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