ES उच्च न्यायालय को पुनरीक्षण सम्बन्धी शक्तियों की व्याख्या कीजिये।

 Revisional Powers of the High Court

The High Court has the power to supervise and correct errors in the judgments of lower courts through revision. This power is provided under Section 115 of the Code of Civil Procedure, 1908 (CPC) for civil cases and Sections 397 to 401 of the Code of Criminal Procedure, 1973 (CrPC) for criminal cases.

Revisional jurisdiction allows the High Court to ensure that subordinate courts act within their legal authority and do not commit jurisdictional errors or gross irregularities.

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1. Revisional Powers in Civil Cases (Under Section 115, CPC)

When Can the High Court Exercise Revisional Powers?

The High Court can interfere in any case decided by a subordinate court if the following conditions are met:

1. Jurisdictional Error

   • If the lower court exercised jurisdiction it did not have.
   • If the lower court failed to exercise its jurisdiction when it should have.
   • If the lower court acted illegally or with material irregularity in exercising its jurisdiction.

2. No Right to Appeal

   • Revision is allowed only when no appeal lies against the order.
   • If an appeal is available, revision is not entertained.

3. Finality of the Order

   • The decision must affect the rights of the parties and must be final concerning the issue decided.

Scope and Limitations

• The High Court cannot interfere just because it disagrees with the decision of the lower court.
• It cannot re-examine evidence or reassess findings of fact unless they involve jurisdictional errors.
• It cannot convert a revision into an appeal.

Case Law Example

• Major S.S. Khanna v. Brig. F.J. Dillon (1964) – The Supreme Court held that the High Court’s revisional power is limited to jurisdictional errors and should not be used as a substitute for appeal.

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2. Revisional Powers in Criminal Cases (Under Sections 397-401, CrPC)

When Can the High Court Exercise Revisional Powers?

The High Court can revise any criminal case decided by a subordinate court under the following conditions:

1. Incorrect Exercise of Jurisdiction (Section 397 CrPC)

   • If the lower court wrongly exercised its jurisdiction or acted illegally.
   • If there was a serious miscarriage of justice.

2. Gross Illegality or Improper Procedure

   • If the lower court violated legal procedures affecting the fairness of the trial.
   • Example: If evidence was wrongly admitted or the accused was not given a fair trial.

3. Preventing Abuse of Process (Section 401 CrPC)

   • If the lower court’s order leads to misuse of judicial process or unjust results, the High Court can intervene.

4. High Court’s Discretionary Power

   • The High Court may refuse to interfere if it believes the party is using revision to delay justice.

Scope and Limitations

• The High Court does not act as an appellate court in revision.
• It cannot re-examine evidence or alter factual findings unless there is a legal or jurisdictional error.
• It cannot impose a more severe punishment in criminal cases through revision (except in cases of State revision).

Case Law Example

• State of Orissa v. Nakula Sahu (1979) – The Supreme Court held that the High Court must use its revisional power sparingly and only in cases of gross injustice or procedural irregularity.

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3. Difference Between Appeal and Revision

Basis	Appeal	Revision
Definition	A request for the higher court to review the entire case.	A request for correction of jurisdictional errors or procedural mistakes.
Scope	Both facts and law are reviewed.	Only jurisdictional errors and legal irregularities are checked.
Right to File	It is a statutory right.	It is discretionary—the High Court may or may not entertain it.
Nature	Continuation of the original case.	A supervisory power of the High Court.
Re-examination of Evidence	Allowed in appeal.	Not allowed in revision.
Availability	Available in most cases.	Available only when no appeal is possible.

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4. Conclusion

• The High Court’s revisional powers ensure that lower courts do not exceed their jurisdiction or act contrary to law.
• Revision is not an alternative to appeal but a limited remedy to correct serious legal errors.
• It is used sparingly to prevent injustice, miscarriage of justice, or procedural abuse.

Thus, the revisional power acts as a corrective mechanism to maintain the integrity of the judicial process.