Part 8 MCQ Quiz - Objective Question with Answer for Part 8 - Download Free PDF

The correct answer  is option 3

Key Points

• The High Court has the authority to call for the record of any case decided by a subordinate court and pass an appropriate order.
• The term "record," in the context of Section 115 CPC and judicial proceedings in general, is broadly interpreted to include all materials relevant to the adjudication of the case by the lower (subordinate) court.
• This typically encompasses the pleadings (written statements, plaints, etc.), all evidence (documents, affidavits, deposition transcripts, etc.), orders, and the judgment or final orders passed by the court.
• The rationale behind including these materials in the "record" is to provide the reviewing court (in this case, the High Court under Section 115) a comprehensive overview of the proceedings and the basis of the decision made by the subordinate court.
• A comprehensive view of the record is critical for the exercise of revisional jurisdiction as it enables the High Court to assess whether the subordinate court has acted within the bounds of its jurisdiction and in accordance with the principles of justice, equity, and good conscience.
• By examining the pleadings, evidence, and judgment, the High Court can determine if there has been any material irregularity or illegality in the conduct of the case, or if there's been a failure to exercise jurisdiction that was rightly vested.

Additional Information

• Section 115 of the CPC:
  • " Power of the High Court to call for the record of any case which has been decided by any court subordinate to such High Court."
• Scope of Section 115:
  • This section empowers the High Court to exercise its revisional jurisdiction over subordinate courts.
  • The revision is not an appeal but a review of the lower court's decision on the grounds of jurisdictional error or procedural irregularity.
• Conditions for Exercise of Revisional Jurisdiction:
  • The High Court can only exercise revisional jurisdiction if it is satisfied that the subordinate court:
    • Has exercised a jurisdiction not vested in it by law.
    • Has failed to exercise a jurisdiction so vested.
    • Has acted in the exercise of its jurisdiction illegally or with material irregularity.
• Record of the Case:
  • The High Court can call for the record of any case.
  • The term "record" includes the pleadings, evidence and judgment of the subordinate court.
• Limitation on Interference:
  • The High Court cannot interfere in the findings of fact unless it is shown that there was no evidence or relevant evidence to support such findings.
• Discretionary Nature:
  • The power of revision under Section 115 is discretionary and the High Court may decline to interfere even if one of the conditions is met.
• Nature of the Jurisdiction:
  • The jurisdiction under Section 115 is supervisory and is not intended to correct mere errors of fact or law.
• Example:
  • Suppose a District Court has decided a case and a party is dissatisfied with the decision because the court exceeded its jurisdiction, failed to exercise a jurisdiction it possessed or acted illegally or with material irregularity.
  • In such a situation, the aggrieved party can approach the High Court under Section 115 for revision.

The correct answer is option 4.

Key Points

•  Section 44 of Punjab Court Act provides Revision. - The [High Court] may call for the record of any case which has been decided by any Court subordinate to it 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 :
• the [High Court] may make such order in the case as it thinks fit.

The correct option is Revision.

Key Points

• The High Court has the authority to call for the record of any case decided by a subordinate court and pass an appropriate order.
• Section 115 of the CPC:
  • "Power of the High Court to call for the record of any case which has been decided by any court subordinate to such High Court."
• Scope of Section 115:
  • This section empowers the High Court to exercise its revisional jurisdiction over subordinate courts.
  • The revision is not an appeal but a review of the lower court's decision on the grounds of jurisdictional error or procedural irregularity.
• Conditions for Exercise of Revisional Jurisdiction:
  • The High Court can only exercise revisional jurisdiction if it is satisfied that the subordinate court:
    • Has exercised a jurisdiction not vested in it by law.
    • Has failed to exercise a jurisdiction so vested.
    • Has acted in the exercise of its jurisdiction illegally or with material irregularity.
• Record of the Case:
  • The High Court can call for the record of any case.
  • The term "record" includes the pleadings, evidence and judgment of the subordinate court.
• Limitation on Interference:
  • The High Court cannot interfere in the findings of fact unless it is shown that there was no evidence or relevant evidence to support such findings.
• Discretionary Nature:
  • The power of revision under Section 115 is discretionary and the High Court may decline to interfere even if one of the conditions is met.
• Nature of the Jurisdiction:
  • The jurisdiction under Section 115 is supervisory and is not intended to correct mere errors of fact or law.
• Example:
  • Suppose a District Court has decided a case and a party is dissatisfied with the decision because the court exceeded its jurisdiction, failed to exercise a jurisdiction it possessed or acted illegally or with material irregularity.
  • In such a situation, the aggrieved party can approach the High Court under Section 115 for revision.

The correct answer is option 1.

Key Points

• The right to review has been provided under Section 114 of the CPC and procedure thereof has been provided under Order 47 of the CPC.
• The right to file a review is an exception to the general rule that once the judgment is pronounced and signed, it becomes functus officio and it cannot be changes or altered. However, in review the same court and same judge re-examine the judgment.
• As per Section 114 and Rule 1 of Order 47, the person against whom the order has been pass i.e., "aggrieved person"  may prefer a review against the judgment where:
  • An appeal is allowed but no appeal has been preferred;
  • There is no appeal allowed;
  • A decision on a reference from a Small Causes Court.
• There are various grounds upon which a review can be filed, which are as follows:
  • Discovery of new or important matter or evidence which was not in the knowledge of the person filing the review or which could not be produced at any time during passing of the judgment or order, despite exercising the due diligence; or
  • There is a mistake or error on the face of record; or
  • Any other sufficient reason.
• There are some restrictions also provided under Rule 9 of the Order 47, where no application for review can be filed, which are as follows:
  • An order made on an application for review; and 
  • Decree or order passed on a review.

The correct answer is Revision

Key PointsSection 115.   Revision

• (1)The High Court may call for the record of any case which has been decided by any Court subordinate to such 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,

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.
• (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.]

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.

Explanation - The revisional power under section 115 of the Code is clearly is clearly in the nature of the power to issue a writ of certiorari. It is, however, not as wide as certiorari since it can be exercised only in the case of a jurisdictional error and not in the case of any other error.

Section 115 of the Code deals with the revisional jurisdiction of the High Court. It provides that the High Court may call for the record of any case which has been decided by any court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate court appears to have exercised jurisdiction not vested in it by law, or to have failed to exercise a jurisdiction so vested. Or to have acted in the exercise of its jurisdiction illegally or with material irregularity

The correct answer is option 1.

Key Points

• The right to review has been provided under Section 114 of the CPC and procedure thereof has been provided under Order 47 of the CPC.
• The right to file a review is an exception to the general rule that once the judgment is pronounced and signed, it becomes functus officio and it cannot be changes or altered. However, in review the same court and same judge re-examine the judgment.
• As per Section 114 and Rule 1 of Order 47, the person against whom the order has been pass i.e., "aggrieved person"  may prefer a review against the judgment where:
  • An appeal is allowed but no appeal has been preferred;
  • There is no appeal allowed;
  • A decision on a reference from a Small Causes Court.
• There are various grounds upon which a review can be filed, which are as follows:
  • Discovery of new or important matter or evidence which was not in the knowledge of the person filing the review or which could not be produced at any time during passing of the judgment or order, despite exercising the due diligence; or
  • There is a mistake or error on the face of record; or
  • Any other sufficient reason.
• There are some restrictions also provided under Rule 9 of the Order 47, where no application for review can be filed, which are as follows:
  • An order made on an application for review; and 
  • Decree or order passed on a review.

The correct answer is  Is 90 days from decree or judgement

Key PointsSection 115 of the CPC allows the High Court to review decisions made by subordinate courts where no appeal lies.

• Grounds for Revision: The High Court can intervene if the subordinate court:
  • Exceeds its jurisdiction,
  • Fails to exercise jurisdiction vested in it, or
  • Acts illegally or with material irregularity.
• Scope of Revision: The High Court can issue appropriate orders in such cases to rectify the errors.
• Limitations:
  • The High Court cannot change or reverse orders made during ongoing proceedings unless the order would have conclusively determined the case if made in favor of the applying party.
  • Decrees or orders against which appeals are possible cannot be altered or reversed under this section.
• Effect on Proceedings: A revision generally does not halt ongoing proceedings unless the High Court specifically orders a stay.
• Explanation: The term "case decided" includes any order or decision made during a suit or proceeding.

The correct answer is Revision

Key Points

• Section 115 of the Code of Civil Procedure, 1908 deals with Revision.
• It gives the High Court the power to revise decisions of subordinate courts in certain cases where:
  • No appeal lies, and
  • The subordinate court has:
    • exercised jurisdiction not vested in it, or
    • failed to exercise jurisdiction vested in it, or
    • acted illegally or with material irregularity.

Additional Information

• Reference: Covered under Section 113 CPC, where a subordinate court refers a question of law to the High Court.
• Review: Covered under Section 114 CPC, allowing a court to review its own judgment under certain conditions.
• Appeal to the Supreme Court: Governed by constitutional provisions and other laws like Article 133 or 136 of the Constitution, not Section 115 CPC.

The correct answer is Both (a) and (b)

Key Points 

• It allows for a reference to the High Court on any question of law arising in a civil suit before the final judgment is passed.
• Who can apply:
  • Party to the suit: Any litigant involved in the case can apply for a reference if a question of law arises which they believe needs authoritative interpretation.
  • The Court itself: The trial court may suo moto (on its own) decide to refer a question of law to the High Court if it finds the point is important and requires guidance.
• When is it used:
  • If there is doubt or difficulty about the interpretation or application of any legal provision.
  • To get a binding authoritative ruling from the High Court on a specific legal question that may impact the case outcome.
• Effect of reference:
  • The High Court examines the question of law and gives its ruling.
  • The trial court then proceeds with the case based on this ruling.
• Benefits:
  • Ensures uniformity and clarity in legal interpretation.
  • Avoids conflicting decisions on important legal questions.
  • Helps speed up resolution of cases by clarifying law mid-trial.

Additional Information

• Option 1. A party to suit: Incorrect because only parties can apply is incomplete; the court can also refer questions of law.
• Option 2. Court: Incorrect because it excludes the parties, who also have the right to apply for reference.
• Option 4. None of the above:Incorrect because both parties and the court have the power to apply under Section 113.

The correct answer  is option 3

Key Points

• The High Court has the authority to call for the record of any case decided by a subordinate court and pass an appropriate order.
• The term "record," in the context of Section 115 CPC and judicial proceedings in general, is broadly interpreted to include all materials relevant to the adjudication of the case by the lower (subordinate) court.
• This typically encompasses the pleadings (written statements, plaints, etc.), all evidence (documents, affidavits, deposition transcripts, etc.), orders, and the judgment or final orders passed by the court.
• The rationale behind including these materials in the "record" is to provide the reviewing court (in this case, the High Court under Section 115) a comprehensive overview of the proceedings and the basis of the decision made by the subordinate court.
• A comprehensive view of the record is critical for the exercise of revisional jurisdiction as it enables the High Court to assess whether the subordinate court has acted within the bounds of its jurisdiction and in accordance with the principles of justice, equity, and good conscience.
• By examining the pleadings, evidence, and judgment, the High Court can determine if there has been any material irregularity or illegality in the conduct of the case, or if there's been a failure to exercise jurisdiction that was rightly vested.

Additional Information

• Section 115 of the CPC:
  • " Power of the High Court to call for the record of any case which has been decided by any court subordinate to such High Court."
• Scope of Section 115:
  • This section empowers the High Court to exercise its revisional jurisdiction over subordinate courts.
  • The revision is not an appeal but a review of the lower court's decision on the grounds of jurisdictional error or procedural irregularity.
• Conditions for Exercise of Revisional Jurisdiction:
  • The High Court can only exercise revisional jurisdiction if it is satisfied that the subordinate court:
    • Has exercised a jurisdiction not vested in it by law.
    • Has failed to exercise a jurisdiction so vested.
    • Has acted in the exercise of its jurisdiction illegally or with material irregularity.
• Record of the Case:
  • The High Court can call for the record of any case.
  • The term "record" includes the pleadings, evidence and judgment of the subordinate court.
• Limitation on Interference:
  • The High Court cannot interfere in the findings of fact unless it is shown that there was no evidence or relevant evidence to support such findings.
• Discretionary Nature:
  • The power of revision under Section 115 is discretionary and the High Court may decline to interfere even if one of the conditions is met.
• Nature of the Jurisdiction:
  • The jurisdiction under Section 115 is supervisory and is not intended to correct mere errors of fact or law.
• Example:
  • Suppose a District Court has decided a case and a party is dissatisfied with the decision because the court exceeded its jurisdiction, failed to exercise a jurisdiction it possessed or acted illegally or with material irregularity.
  • In such a situation, the aggrieved party can approach the High Court under Section 115 for revision.

The correct answer is option 4.

Key Points

•  Section 44 of Punjab Court Act provides Revision. - The [High Court] may call for the record of any case which has been decided by any Court subordinate to it 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 :
• the [High Court] may make such order in the case as it thinks fit.

The correct option is Revision.

Key Points

• The High Court has the authority to call for the record of any case decided by a subordinate court and pass an appropriate order.
• Section 115 of the CPC:
  • "Power of the High Court to call for the record of any case which has been decided by any court subordinate to such High Court."
• Scope of Section 115:
  • This section empowers the High Court to exercise its revisional jurisdiction over subordinate courts.
  • The revision is not an appeal but a review of the lower court's decision on the grounds of jurisdictional error or procedural irregularity.
• Conditions for Exercise of Revisional Jurisdiction:
  • The High Court can only exercise revisional jurisdiction if it is satisfied that the subordinate court:
    • Has exercised a jurisdiction not vested in it by law.
    • Has failed to exercise a jurisdiction so vested.
    • Has acted in the exercise of its jurisdiction illegally or with material irregularity.
• Record of the Case:
  • The High Court can call for the record of any case.
  • The term "record" includes the pleadings, evidence and judgment of the subordinate court.
• Limitation on Interference:
  • The High Court cannot interfere in the findings of fact unless it is shown that there was no evidence or relevant evidence to support such findings.
• Discretionary Nature:
  • The power of revision under Section 115 is discretionary and the High Court may decline to interfere even if one of the conditions is met.
• Nature of the Jurisdiction:
  • The jurisdiction under Section 115 is supervisory and is not intended to correct mere errors of fact or law.
• Example:
  • Suppose a District Court has decided a case and a party is dissatisfied with the decision because the court exceeded its jurisdiction, failed to exercise a jurisdiction it possessed or acted illegally or with material irregularity.
  • In such a situation, the aggrieved party can approach the High Court under Section 115 for revision.

The correct answer is Revision

Key PointsSection 115.   Revision

• (1)The High Court may call for the record of any case which has been decided by any Court subordinate to such 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,

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.
• (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.]

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.

The correct answer is Option 4.

Key Points

• Section 114 of the Civil Procedure Code deals with the review.
• Section 114 of CPC says, any person considering himself aggrieved—
  • (a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.
  • (b) by a decree or order from which no appeal is allowed by this Code, or
  • (c) by a decision on a reference from a Court of Small Causes
• may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit