Question

Under Section 115, in the exercise of its revisional jurisdiction, a High Court can do which of the following things:

• A. To call for the record of any case which has been decided by any court, subordinate to the High Court.
• B. To vary/reverse any decree or order against which an appeal lies to the High Court.
• C. Both A & B
• D. None of the above

Hint:

Revision ≠ Appeal. Revision checks legality/jurisdiction, while appeal examines merits and facts.

Answer 1

The Correct Option is A

Step 1: Understanding revisional jurisdiction.
Section 115 of the Code of Civil Procedure gives High Courts revisional powers. The High Court may call for the record of any case decided by a subordinate court to ensure that no jurisdictional error or illegality has occurred.

Step 2: Scope of revision.
Unlike appellate jurisdiction, revision does not empower the High Court to vary or reverse decrees in cases where an appeal lies. Its purpose is only to correct jurisdictional errors, not to re-appreciate evidence.

Step 3: Analyzing options.
- (A) Correct: The High Court can call for the records of subordinate courts.
- (B) Wrong: If an appeal lies, revision cannot be invoked.
- (C) Wrong: Both A and B cannot be correct because B is outside Section 115.
- (D) Wrong: Since (A) is correct, this is invalid.

Step 4: Conclusion.
Thus, the High Court under Section 115 can only call for records of subordinate courts.