Revision Petition
A Revision Petition asks a higher court to call for the records of a case and correct an order passed by a subordinate court.
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CHOOSE THE RIGHT PROVISION AND COURT
Civil: section 115 of the Code of Civil Procedure, 1908 lets the High Court revise a case decided by a subordinate court where no appeal lies, if that court exercised a jurisdiction not vested in it by law, failed to exercise a jurisdiction so vested, or acted in the exercise of its jurisdiction illegally or with material irregularity. Some states have amended section 115, including which court hears civil revisions, so check the law in your state. Criminal: the Bharatiya Nagarik Suraksha Sanhita, 2023 lets the High Court or the Sessions Judge call for the record and examine the correctness, legality or propriety of a finding, sentence or order of an inferior criminal court (section 438, with section 442 for the High Court and section 440 for the Sessions Judge). These replaced sections 397, 401 and 399 of the Code of Criminal Procedure, 1973.
FRAME THE GROUNDS WITHIN THOSE HEADS
Revision is not a re-hearing of facts. Tie each ground to a jurisdictional error, illegality or material irregularity (civil), or to the correctness, legality or propriety of the order (criminal). Disagreement with how the evidence was weighed is rarely enough.
CHECK PARAGRAPHS 4 TO 6 BEFORE FILING
Paragraph 4: civil revision is not available where an appeal lies, and in criminal matters a party who could have appealed but did not cannot seek revision instead. Paragraph 5: civil revision of an interlocutory order is barred unless the order, if made in the petitioner's favour, would have finally disposed of the suit or proceeding, and criminal revision does not lie against interlocutory orders. Paragraph 6: in criminal matters, once a person has filed a revision before either the High Court or the Sessions Judge, a further revision by the same person before the other is barred. If any of these statements is not true for your case, take advice before filing.
TIME LIMIT
The Limitation Act, 1963 generally allows ninety days from the date of the order for a revision, with the time taken to obtain a certified copy ordinarily excluded. If you are late, choose the second option in the limitation field and file a condonation application with an affidavit.
FILE WITH: a certified copy of the impugned order, copies of the pleadings or complaint and the applications on which the order was passed, an affidavit supporting the petition, and a stay application if the lower court proceedings or the order need to be stayed. Filing a revision does not by itself stop the lower court.
Revision Petition: what it is
A Revision Petition asks a higher court to call for the records of a case and correct an order passed by a subordinate court. In civil cases it is limited to errors of jurisdiction, illegality or material irregularity where no appeal lies. Criminal revision allows the higher court to examine the correctness, legality or propriety of a lower court's order.
When you need this document
- A trial court has decided a matter it had no jurisdiction to decide, or refused to decide one it was bound to decide.
- A civil court has passed an order in serious breach of procedure and no appeal is provided against that order.
- A magistrate has framed or refused to frame charges, or passed another final order in a criminal case, and you want it examined by the Sessions Court or High Court.
- A lower court has passed an order that, if decided the other way, would have ended the suit.
What it covers
- The revisional court, the provision invoked, and the parties.
- The lower court whose order is challenged, the case number, the date of the order and a summary of what it decided.
- The grounds showing why the order calls for interference in revision.
- Statements that no appeal lies, that the order is not a barred interlocutory order, and that no other revision has been filed.
- A limitation statement, a prayer to call for the records, set aside or modify the order and stay it, signature through an advocate and a verification.
How to fill, sign and use it
- Obtain a certified copy of the order you want to challenge and check whether an appeal lies against it, since revision is generally not available where an appeal is provided.
- Confirm the correct revisional court under the law of your state, as some states have changed which court hears civil revisions.
- Fill in the form on this page and frame the grounds around jurisdiction, illegality or irregularity, not a simple disagreement on facts.
- Have an advocate review it before filing, because civil revision against interlocutory orders is heavily restricted, criminal revision has its own limits, and the choice of forum can bar a second attempt.
- File it within the limitation period, with the certified copy and copies of relevant pleadings, and apply for a stay if needed, since filing alone does not stop the lower court.
- Serve the respondent when notice is issued and keep certified copies of the revisional court's order.
Documents to attach or keep with it
- Certified copy of the impugned order.
- Copies of the plaint, written statement, complaint or charge sheet, as relevant.
- Copies of applications and replies on which the impugned order was passed.
- Affidavit, and an application for stay where needed.
- Application for condonation of delay, if filed late.
The law behind it
Section 115 of the Code of Civil Procedure, 1908 lets the High Court revise a case decided by a subordinate court where no appeal lies and the court acted without jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity. Revision against an interlocutory order is barred unless that order, if passed in the petitioner's favour, would have finally disposed of the suit. Some states have amended section 115. Criminal revision is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the CrPC from 1 July 2024, and is not available against interlocutory orders. The Limitation Act generally gives ninety days.
Common mistakes to avoid
- Filing a revision where an appeal lies, which leads to dismissal on maintainability.
- Challenging a purely interlocutory order that would not have ended the suit even if decided in your favour.
- Asking the revisional court to reweigh evidence, which is outside its limited jurisdiction.
- Assuming the lower court proceedings are stayed, and missing dates there.
Revision Petition: frequently asked questions
What is the difference between an appeal and a revision?
An appeal is a statutory right that allows a full rehearing on facts and law. A revision is a supervisory power used where no appeal lies, and the higher court mainly checks whether the lower court acted within its jurisdiction and followed the law. Revision is narrower and discretionary.
What is the time limit for filing a revision petition?
The Limitation Act generally provides ninety days from the date of the order for a revision under the Code of Civil Procedure or the criminal procedure code. Time taken to obtain a certified copy is ordinarily excluded. Check any state amendment or special law that applies.
Can I file a criminal revision in both the Sessions Court and the High Court?
Both have revisional powers in criminal matters, but once a person has filed a revision before one of them, a second revision by the same person before the other is barred. The High Court can still be approached under its inherent powers in limited situations. Choose the forum carefully.
Can revision be filed against an interim order in a civil suit?
Only in narrow cases. Section 115 does not allow revision of an interlocutory order unless the order, if made in the petitioner's favour, would have finally disposed of the suit or proceeding. Many interim orders can instead be challenged under appeal provisions or the High Court's supervisory jurisdiction.
Last updated 11 October 2026.
General information on Indian law, not legal advice for your situation. Stamp duty, registration and fees differ by state, so check with the local office or an advocate before you rely on it.
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