Appeals, reference, review, revision (Order XLI –XLVII)

You lose a flat-possession suit in the trial court and feel the judge got it wrong. Can you ask a higher court to look again, or must you go back to the same judge? The Code gives four different doors: appeal, reference, review and revision. Each opens only for certain people in certain situations, and choosing the wrong one can lose the case.

In two minutes

An appeal goes up to a higher court as of statutory right (ss.96–112, Orders XLI–XLV); a reference is made by the court itself to the High Court on a doubtful point of law (s.113, Order XLVI); a review is asked of the same court for a limited error (s.114, Order XLVII); revision is the High Court’s supervisory power over jurisdictional error where no appeal lies (s.115).

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Civil Procedure Code 1908 and Limitation Act 1963 on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.