Section 115 in The Code of Civil Procedure, Svt. 1977 (1920 A.D.)
115. Revision.
- [(1)] [Section 115 renumbered as sub-section (1) by Act XI of 1983, Section 38 (w.e.f. 15-08-1983).] The High Court may call for the record of any case which has been decided by any Court subordinate to the High Court and in which no appeal lies thereto, and if such subordinate Court appears.(a)to have exercised a jurisdiction not vested in it by law, or(b)to have failed to exercise a jurisdiction so vested, or(c)to have acted in the exercise of its jurisdiction illegally or with material irregularity, or(d)[ to have caused failure of justice] [Substituted by Notification No. 1 dated 30th Baisakh, 1978.],the High Court may make such order in the case as it thinks fit:[Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceedings.] [Substituted by Act VI of 2009, dated 20.3.2009.](2)[ The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto.(3)[ A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.] [ Sub-section (2) to section 115 inserted by Act XI of 1983, Section 38 w.e.f. 15-8-1983.]Explanation. - In this section, the expression "any case which has been decided" includes any order made, or any order deciding an issue, in the course of a suit or other proceeding] [Substituted by Act No. XI of 1983, w.e.f. 15-8-1983.][Sub-section 3 & 4 inserted by Act No. XI of 1983, w.e.f. 15.8.1983.].[Part IX] [Part IX inserted by Notification 3-L/1985 dated 8th Bhadon, 1985.]Special Provisions Relating to the High Court
