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CPC, 1908 — Part VIII (Reference, Review & Revision) — Mind Map

Code of Civil Procedure, 1908 · Part VIII
PART VIIIReference, Review & Revision§§ 113–115

Three correctives that sit outside the appeal ladder. A court refers a question of law up to the High Court (§113); a party asks the same court to review itself (§114); and the High Court reaches down to revise a subordinate court’s jurisdictional error (§115). Three directions — up · in · down. Follow the journey ↓

1
§ 113↑ up
Reference to the High Court

A subordinate court, doubting a question of law, may state a case and refer it up to the High Court for opinion before deciding.

2
§ 114↔ in
Review of judgment

A party aggrieved may apply to the same court that passed the decree or order to review its own decision — on new evidence, an error apparent, or other sufficient reason.

3
§ 115↓ down
Revision

The High Court may call for the record of a subordinate court that exercised a jurisdiction not vested in it, failed to exercise one it had, or acted illegally/with material irregularity — and set it right.

Three correctives beyond appeal, §§ 113–115 — all three sections now open. (Procedure: Order XLVI reference · Order XLVII review · revision is the High Court’s own § 115 power.)