Reference, Review and Revision under the Code of Civil Procedure, 1908
(Sections 113, 114 & 115 CPC with Orders 46 & 47 Explained)
Introduction
The Code of Civil Procedure, 1908 (CPC) provides three important supervisory and corrective mechanisms to ensure that justice is not defeated due to legal or jurisdictional errors committed by subordinate courts. These mechanisms are:
1. Reference – Section 113 read with Order 46
2. Review – Section 114 read with Order 47
3. Revision – Section 115
Each serves a distinct purpose and operates within clearly defined limits laid down by the Code and judicial precedents.
I. Reference under Section 113 read with Order 46 CPC
Meaning of Reference
A reference is a procedure by which a subordinate court refers a question of law to the High Court for its opinion when it entertains doubt regarding such question.
Statutory Provision:
Section 113 CPC read with Order 46 CPC
Object of Reference
The primary object of reference is:
• To obtain the authoritative opinion of the High Court on a question of law, and
• To prevent commission of legal errors which cannot be corrected at a later stage.
Grounds for Making a Reference
Section 113 and Order 46 Rule 1 provide two situations where reference may be made:
1. Mandatory Reference (Proviso to Section 113 CPC)
A reference is obligatory where:
• The case involves a question regarding the validity of any Act, Ordinance or Regulation, and
• Such question is necessary for disposal of the case, and
• The subordinate court is of the opinion that the Act or its provision is ultra vires, and
• There is no prior decision of the High Court or Supreme Court on its validity.
2. Discretionary Reference (Order 46 Rule 1 CPC)
A reference is optional where:
• The subordinate court entertains a reasonable doubt regarding any question of law or usage having the force of law.
Conditions for Making Reference
Before making a reference, the following conditions must be satisfied:
1. There must be a pending suit, appeal (where no further appeal lies), or execution proceeding.
2. The question of law must actually arise in the case.
3. The doubt must be reasonable and not imaginary.
Who Can Make a Reference?
• Only the court can make a reference.
• It may act suo motu or on a party’s application.
• Parties cannot compel the court to make a reference.
Procedure of Reference (Order 46 CPC)
1. The court shall:
• State the material facts,
• Formulate the question of law,
• Express its own opinion, and
• Refer the case to the High Court (Rules 1 & 4A).
2. The court may:
• Stay proceedings, or
• Pass a contingent decree (Rule 2).
3. The High Court hears parties and decides the question.
4. The decision is sent to the referring court, which must dispose of the case in conformity with it (Rule 3).
Other Instances of Reference
• Doubt regarding cognizability by Court of Small Causes (Order 46 Rule 6).
• District Court’s opinion that subordinate court wrongly assumed or refused jurisdiction (Rule 7).
Powers of High Court (Order 46 Rule 5)
The High Court may:
• Return the reference for correction,
• Alter, cancel or set aside any decree passed,
• Pass any order it deems fit.
II. Review under Section 114 read with Order 47 CPC
Meaning of Review
Review means judicial re-examination of a case by the same court which passed the decree or order.
Case Law:
State of Orissa v. Commissioner of Land Records, (1998) 7 SCC 162
Object of Review
The object is to:
• Correct errors or mistakes in the judgment, and
• Prevent miscarriage of justice.
S. Nagaraj v. State of Karnataka, 1993 Supp (4) SCC 595
Grounds for Review
A review lies in the following cases:
1. Where Appeal Lies but is Not Filed
• If appeal is available but not preferred.
• If appeal is dismissed as incompetent or time-barred.
2. Where No Appeal Lies
• Review is maintainable as the only remedy.
3. Judgment on Reference from Small Causes Court
Specific Grounds under Order 47 Rule 1
(i) Discovery of New and Important Matter or Evidence
• Which could not be produced earlier despite due diligence.
(ii) Error Apparent on the Face of Record
An error which is self-evident and does not require elaborate reasoning.
Thungabhadra Industries Ltd. v. Govt. of A.P., AIR 1964 SC 1372
Examples of Errors Apparent:
• Ignoring statutory provisions
• Decision contrary to Supreme Court judgment
• Lack of jurisdiction
• Judgment passed without notice
Not Errors Apparent:
• Wrong decision on merits
• Different interpretation of law
• Alternative possible conclusions
Satyanarayan Hegde v. Mallikarjun, AIR 1960 SC 137
(iii) Any Other Sufficient Reason
Includes:
• Misapprehension of facts
• Incorrect statements in judgment
• No opportunity of hearing
• Manifest injustice
● No Inherent Power of Review
■ Review power must be statutorily conferred.
Lily Thomas v. Union of India, AIR 2000 SC 1650
Procedure of Review (Order 47 CPC)
1. Review application by aggrieved party (no suo motu review).
2. If prima facie allowed → notice to opposite party.
3. Heard by same judge, unless unavailable.
4. Case reheard on merits.
Appeal:
• Order granting review is appealable.
• Order rejecting review is not appealable.
III. Revision under Section 115 CPC
Meaning of Revision
Revision is a supervisory jurisdiction of the High Court to correct jurisdictional errors committed by subordinate courts.
Object of Revision
To prevent subordinate courts from acting:
• Arbitrarily,
• Illegally, or
• With material irregularity in jurisdiction.
Who Can Invoke Revisional Jurisdiction?
• An aggrieved party, or
• The High Court suo motu.
Conditions for Revision
1. The case must be decided.
2. The court must be subordinate to High Court.
3. No appeal must lie.
4. Jurisdictional error must exist.
Grounds for Revision
(a) Exercise of Jurisdiction Not Vested by Law
Examples:
• Exceeding pecuniary or territorial limits
• Entertaining non-appealable appeals
• Granting relief without power
(b) Failure to Exercise Jurisdiction Vested
Examples:
• Wrongly rejecting plaint
• Refusing mandatory reference
• Misinterpreting jurisdictional provisions
(c) Illegal or Materially Irregular Exercise of Jurisdiction
Includes:
• Ignoring evidence
• Violating procedure
• Acting without hearing parties
• Granting relief not prayed for
□ Pandurang Dhondi Chougule v. Maruti Hari Jadhav, AIR 1966 SC 153
□ Keshardeo v. Radha Kissen, AIR 1953 SC 23
Meaning of “Case Decided”
Includes:
• Final orders
• Orders deciding issues during proceedings
Major S.S. Khanna v. Brig. F.J. Dillon, AIR 1964 SC 497
Limitations on Revisional Jurisdiction
• No revision where appeal lies.
• No revision against purely interlocutory orders.
• No automatic stay of proceedings.
• Discretionary power exercised only to meet ends of justice.
Tek Singh v. Shashi Verma, (2019) SC
Reference vs Review vs Revision (Quick Comparison)
Reference, review and revision are three distinct procedural remedies provided under the Code of Civil Procedure, 1908, each serving a different judicial purpose. A reference is governed by Section 113 read with Order 46 CPC and is made by a subordinate court to the High Court when a question of law arises, particularly regarding the validity of an Act or where the court entertains a reasonable doubt on a legal issue. The power to make a reference lies exclusively with the court and not with the parties, and it may be exercised either mandatorily or discretionarily depending upon the circumstances.
A review, on the other hand, is governed by Section 114 read with Order 47 CPC and enables the same court which passed the decree or order to re-examine its decision. The object of review is to correct errors apparent on the face of the record, consider newly discovered evidence, or prevent miscarriage of justice. Unlike reference and revision, review cannot be exercised suo motu and must be initiated by an application of the aggrieved party. An order granting review is appealable, whereas an order rejecting review is not.
A revision is provided under Section 115 CPC and confers supervisory jurisdiction exclusively upon the High Court to correct jurisdictional errors committed by subordinate courts. Revisional jurisdiction can be exercised either on an application by the party or suo motu by the High Court, but only in cases where no appeal lies. The High Court, while exercising revision, does not act as a court of appeal and cannot correct mere errors of law or fact unless they relate to jurisdiction. Thus, while reference seeks authoritative guidance, review rectifies judicial mistakes, and revision controls jurisdictional excesses to ensure proper administration of justice.
Conclusion
Reference, Review and Revision are essential tools under CPC to ensure judicial discipline, correctness, and fairness. While reference seeks guidance, review corrects mistakes, and revision controls jurisdictional excesses—each mechanism safeguards the administration of civil justice within constitutional limits.
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