Civil Procedure Code & Limitation Act LSF – 7

Answer to Question: Provisions of Appeal, Reference, Review, and Revision in CPC

I. Appeal (Sections 96 to 115, CPC)

A. Definition: An appeal is a process whereby a higher court reviews the decision of a lower court.

B. Key Provisions:

  1. First Appeal (Section 96): Lies against all decrees passed by courts in the first instance, except those decreed in the exercise of appellate jurisdiction.
  2. Second Appeal (Section 100): Based on substantial questions of law.
  3. Limitations: Time limitations and certain conditions apply for filing appeals.

II. Reference (Section 113, CPC)

A. Definition: Reference involves a lower court referring a case to a higher court for an opinion on a point of law.

B. Key Provisions:

  1. When Made: When the lower court is doubtful about a point of law or the validity of any Act, Ordinance, or Regulation.
  2. Effect on Lower Court’s Decision: The lower court must decide by the higher court’s opinion.

III. Review (Order 47, CPC)

A. Definition: Review is the re-examination or reconsideration of a case by the same court that passed the decree or order.

B. Key Provisions:

  1. Grounds for Review: Discovery of new and important evidence, mistake or error apparent on the face of the record, or any other sufficient reason.
  2. Limitations: Applications for review must be made without unreasonable delay.

IV. Revision (Section 115, CPC)

A. Definition: Revision involves a higher court examining the case of a lower court for legality or propriety.

B. Key Provisions:

  1. When Exercised: When the lower court appears to have acted in the exercise of its jurisdiction illegally or with material irregularity.
  2. No Appeal: Revision is applied in cases where no appeal lies.

In conclusion, the Civil Procedure Code provides comprehensive mechanisms for the redressal of grievances through appeal, reference, review, and revision. These provisions ensure that justice is served through the oversight of higher courts and the reconsideration of decisions under specific circumstances​​.