Section 115 of CPC : Section 115: Revision

Explanation using Example

Imagine a scenario where a local district court in India passes a judgment in a property dispute where the value of the property is under the specified appellate jurisdictional limit, meaning that no further appeal to a higher court is allowed. The aggrieved party believes that the district court has made a legal error by incorrectly interpreting the extent of its jurisdiction or by not following proper legal procedures during the trial.

In such a case, the party can invoke Section 115 of the Code of Civil Procedure, 1908, by filing a revision petition before the High Court. The High Court, upon reviewing the petition, might find that the district court indeed acted beyond its jurisdiction or failed to exercise its rightful jurisdiction, or conducted proceedings with material irregularity. Consequently, the High Court may then use its powers under Section 115 to correct the legal error made by the subordinate court to ensure justice is served.

However, the High Court cannot use Section 115 to change any orders if an appeal against those orders is possible, either to the High Court itself or to any other subordinate court. Also, the revision under Section 115 will not automatically stay the proceedings of the case unless the High Court explicitly orders a stay.