Keyword(s):
Central Act Amendment, The Code of Civil Procedure, 1908
A revision application under sub-section (I), when filed in the High
Court, shall contain a certificate on the first page of such application, below
the title of the case, to the effect that no revision in the case lies to the district
court but lies only to the High Court either because of valuation or because
the order sought to be revised was passed by the district court.
(3) The superior court shall not, under this section, vary or reverse any
order made except where,-
(i) the order, if it had been made in favour of the party applying
for revision, would have finally disposed of the suit or other
proceeding; or
(ig the order, if allowed to stand, would occasion a failure of
justice or cause irreparable injury to the party against whom it is made.
(4) A revision shall not operate as a stay of suit or other proceeding
before the court except where such suit or other proceeding is stzyed by the
superior court.
Explanation -I. In this section,-
(i) the expression ‘superior court’ means-
(a) the district court, where thc villuation of a case dcciced
by a court subordinateto it does not exceed five lakh rupceL;
(b) the High Court, where the order sought to be revised
was passed in a case decided by the district court or where the
value of the original suit or other proceedings in a case decided
by a court subordinate to the district court exceed five lakh
rupees;
(i’i) the expression ‘order’ includes an order deciding an issue in
any original suit or other proceedings.
Exj)lanation -11. The provisions of this section shall also be applicable
to orders passed, before or after the commencetnent of this section, in original
suits or other proceedings instituted before such commencement.”
3.(I) Notwithstanding anything contained in this Act, no judgement or order
passed by the High Court in a revision filed on or after July 1, 2002 shall be liable to
be questioned or reviewed on the gro.und that the revision ought to have been filed in
the district court.
(2) Any revision filed in the district court in a case where the value of the
or~ginalsuit or proceeding does not exceed five lakh rupees and is decided by it on the
assumption that the district court would have jurisdiction notwithstanding the
amendmeilt of section 115 of the principal Act, by the Code of Civil Procedure
(Amendment) Act, 1999 shall be deemed to have been correctly filed in that court and
its decision thereon shall not be liable to be questioned on this ground, and such
revision, if any pending on the date of commencement of this Act; shall be decided by
that court.
(3) If on or after July I, 2002 an application for revision under section 115 of
the principal Act has been filed before the High Court in a case decided by a court
subordinateto <he district court, where the value ofthe original suit or proceeding does
nor exceed fire lakh r$ees and such application is pending on the date of
commencement of this Act, then such application, unless arguments thereon have
already been cencluded and only judgement renlail~sto be pronounced by the ,High
Court, shall stand transferred to thc district court concerned, and thk same shall be
disposed of in accordance with the said section 115assubstituted by this Act.
Transitory
ProvisionsTRR F%TWTJtTT TX 20 m,2003
441) The code of Civil Procedure (Uttar Pradesh Amendment)
fSecond) Ordinance, 2003 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
STATEMENTOF OBJECTS AND REASONS
Ordinance referred to in sub-section (1) or by the Code of Civil ~rocedu& 2003
(Uttar Pradesh Amendment) Ordinance, 2003 shall be deemed to have
been done or taken under the corresponding provisions of the principal Act
Pramukh Slzdiv.
The Code of Civil Procedure (Uttar Pradesh Amendment) Act, 1978 (U.P. Act no. 31 of 1978) was
enacted to amend inter-alia section 115 df the Code of Civil Procedure, 1908 in its application to Uttar
Pradesh to provide for empowering the District Judges to revise the orders of courts subordinate to them,
arising out of the original suits of the valuation up to Rupees Twenty thousand. The section 115 of the
said Code was further amended in its application to Uttar Pradesh by the Uttar Pradesh Civil Laws
(Amendment) Act, 1991 (U.P. Act no. 17 of 1991) to raise the said valuation up to Rupees One lac.
Since the said amendments have been repealed by section 32 of the Code of Civil Procedure
(Amendment) Act, 1999 (Act no. 46 of 1999), the District Judges in the state now have no power to
revise the order of the courts subordinate to them arising out of original suits with effect from the date of
commencement of the said Act of 1999 i.e. 01 -07-2002. Same view has been expressed by the Hon’ble
High Court of Judicature Allahabad in the matter of United Service Club and others Vs. Anita Barlo and
others (Civil Revision Number 92 of 2002) decided on 16-9-2002. Consequently a litigant has to
approach the Hon’ble High Court for filing a revision against the order of the subordinate courts arising
out of suits of any valuation, whereas, he can file an appeal before the District Judge against the order of
the subordinate courts passed in original suits of valuation up to Rupees Five lacs under the provisions of
Bengal, Agra and Assam Civil Courts Act, 1887. With a view to removing the difficulties, it has been
decided to amend section 115 of the said Code in its application to Uttar Pradesh to provide for
empowering the District Judges to revise the orders of the courts subordinate to them arising out of
original suits of the valuation up to Rupees Five lacs.
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