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Review and Revision in Civil Procedure Law

Introduction​

Review and revision are crucial aspects of the civil procedure law system in India. These processes allow for the examination and potential modification of judicial decisions, ensuring justice is served accurately. In this article, we'll explore the concept of review and revision in the context of Indian civil procedure law, focusing on its importance for law students and LLB candidates.

Types of Review and Revision​

In dian civil procedure law, there are two main types of review and revision:

  1. Revision: This process involves the re-examination of a lower court's decision by a higher court. It's typically initiated when a party feels that the lower court has made an error in its judgment.

  2. Review: This process allows for the reconsideration of a final order or decree by the same court that passed it. Unlike revision, review doesn't involve a higher court.

The legal framework governing review and revision in India is primarily covered under the following sections of the Code of Civil Procedure (CP):

  • Section 100: Appeal from orders
  • Section 97: Application for revision
  • Section 115: Power to transfer any suit, appeal, or other proceedings

Case Laws and Illustrations​

Let's examine some significant case laws that illustrate the application of review and revision in Indian civil procedure law:

Case 1: Rupa Ashok Hurra vs. Ashok Hurra (2002) 4 SCC 388​

This landmark case dealt with the interpretation of Section 100(3) of the CPC regarding the limitation period for filing an appeal against a decree. The Supreme Court held that the limitation period begins from the date of the decree, not from the date of the judgment.

Illustration: A plaintiff obtains a decree on January 15th. If the defendant wants to challenge this decree through an appeal, they must do so before January 14th of the next year.

Legal Section: Section 100(3), Code of Civil Procedure

Case 2: State of Maharashtra vs. Sureshcandra Keshavlal Shah (1979) 2 SCC 258​

In this case, the Supreme Court clarified the distinction between revision and review. It emphasized that while both processes involve the re-examination of a judicial order, revision is initiated by a higher court, whereas review is conducted by the same court that passed the original order.

Illustration: A district court passes a decree on July 10th. On August 5th, the same district court may choose to review its own order due to a change in circumstances or newly discovered evidence.

Legal Section: Section 108, Code of Civil Procedure

Case 3: M.P. Sharma vs. Satish Chander Dhawan (1954) SCR 1075​

This case addressed the issue of whether a foreign company could sue in India. The Supreme Court ruled that a foreign company cannot maintain a suit in India unless it has appointed a manager or agent for service of process.

Illustration: XYZ Corporation, a US-based company, wants to sue a person living in India for breach of contract. However, XYZ Corporation hasn't appointed a local representative. In this scenario, the court would likely dismiss the case due to lack of proper service.

Legal Section: Section 13, Code of Civil Procedure

Conclusion​

Understanding review and revision in civil procedure law is essential for law students and practicing lawyers alike. These processes play a crucial role in ensuring that justice is delivered accurately and efficiently. By familiarizing oneself with the legal sections governing these procedures and studying relevant case laws, one can better navigate the complexities of the Indian civil procedure system.

Remember, the specific application of review and revision can vary depending on the nature of the case and the stage at which it occurs. Always refer to the latest legal precedents and amendments to the Code of Civil Procedure when dealing with such matters.

For further study, consider exploring additional resources such as:

  • The full text of the Code of Civil Procedure
  • Other relevant case laws
  • Commentaries on civil procedure law

By mastering these concepts, you'll be well-equipped to handle various scenarios involving review and revision in civil procedure law.