WHAT IF, ALL ORDERS ARE MADE REVISABLE?

Section 104 and Order XLIII of the CPC permit filing of appeals against the certain orders. The rest of the orders can be challenged by way of revision under Section 115. However to maintain a revision, there must be an ‘error of jurisdiction’ or ‘material irregularity’ in the passing of such order. The amendment in 2002 sought to restrict the power of revision by adding a proviso but the object is defeated by Advocates by resorting to superintending power of High Court under Article 227 of the Constitution of India. Hence the status quo continues that certain orders are appealable and the rest revisable.

The High Court Advocates, Registry and even the Court are spending considerable time whenever a doubt arises as to whether an order is appealable or revisable under Section 115 or revisable under Art.227.

I have not come across a situation when any Advocate or Court is going into the nuances of ‘error of jurisdiction’ in filing or entertaining a revision. Neither have I found any difference in the hearing of a CMA or CRP.

In the said circumstance, what will happen if Section 104 and Order XLIII are deleted from CPC and Section 115 is amended to the effect that all Orders of the Subordinate Courts are revisable without any qualification or proviso?

This may save considerable time of the Subordinate Courts by dispensing with their power of Appeal against Interlocutory Orders. The recurring confusion in High Court can be avoided. Even appeals can be dismissed without notice to the Respondent under Order 41 Rule 11 (1). Hence the right of appeal is subject to admission as in the case of revision.

Madurai
28/12/13