How-To · Appellate Remedies · Last verified October 2026
How to File a Revision Petition (2026)
Not every wrong order can be appealed. For a narrow band of cases, the law gives a different remedy called revision, where a higher court steps in to correct a lower court that overstepped or ignored the limits of its power. Revision is deliberately limited: it is not a second chance to re-argue the whole case, but a check on jurisdiction. Knowing when to use it, instead of an appeal, saves time and avoids filing the wrong thing. This guide explains the civil revision power under Section 115 of the Code of Civil Procedure, the criminal revision under the new code, how revision differs from an appeal, the time limit, and how to file. It is general information, not legal advice. Last verified October 2026.
- Civil revision: the High Court's power under Section 115 of the Code of Civil Procedure, in cases where no appeal lies.
- Narrow grounds: jurisdiction wrongly exercised, not exercised, or exercised illegally or with material irregularity; not ordinary errors of fact or law.
- Not a rehearing: revision checks jurisdiction, it does not re-decide the merits like an appeal.
- Criminal revision: lies to the Court of Session or the High Court under the BNSS, 2023, with a bar on a second revision.
- Time limit: a civil revision is generally filed within 90 days of the order, excluding copy time; late filing needs condonation.
01What a revision petition is
A revision petition asks a higher court to examine the record of a case decided by a lower court and to correct it where the lower court went wrong about its own jurisdiction, the limits of its power. It is a supervisory remedy. The higher court is not re-trying the dispute; it is checking that the court below stayed within bounds.
Because it is supervisory and narrow, revision is used where an appeal is not available, or to correct an interlocutory order that cannot wait. It sits beside the appeal ladder rather than on it, and choosing it over an appeal, or the other way round, is the first thing to get right. For the overall structure, see the appeal ladder in Indian courts.
02Civil revision: Section 115 CPC
In civil matters, the power is with the High Court under Section 115 of the Code of Civil Procedure. The High Court can call for the record of a case decided by a subordinate court in which no appeal lies, and may interfere if the subordinate court appears to have:
- exercised a jurisdiction not vested in it by law, or
- failed to exercise a jurisdiction that it did have, or
- acted in the exercise of its jurisdiction illegally or with material irregularity.
Those are the only three gateways. Section 115 does not allow the High Court to interfere just because it would have decided the facts, or even the law, differently. The error must be one of jurisdiction. The provision also limits revision of interlocutory orders, so that litigation is not stalled by constant revision of every step. This is why many orders that feel wrong are still not open to revision.
03Revision or appeal: which one
The two remedies do different jobs. An appeal is a rehearing by a higher court of what the lower court decided; a first appeal can re-open the facts, and even a second appeal decides a substantial question of law on the merits. Revision only checks jurisdiction, in cases where no appeal is given.
| Feature | Appeal | Revision |
|---|---|---|
| When | Where the law gives a right of appeal | Mainly where no appeal lies |
| What is examined | The merits, facts and or law | Only jurisdictional error |
| Who decides | The designated appellate court | The High Court (civil); Sessions or High Court (criminal) |
| Nature | A right, within limitation | A supervisory discretion |
As a rule of thumb, if an appeal is available, use the appeal. Turn to revision where no appeal lies and the complaint is that the court below exceeded or ignored its jurisdiction.
04Criminal revision under the new code
Criminal cases have their own revision power, now under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which has replaced the Code of Criminal Procedure, 1973. The Court of Session and the High Court can call for and examine the record of a proceeding before a subordinate criminal court to satisfy themselves about the correctness, legality or propriety of an order, and the regularity of the proceedings.
Criminal revision has its own limits, including a bar on a second revision by the same person where one revision court has already dealt with the matter. Because the procedure and the governing section differ from civil revision, the detailed steps are covered separately in how to file a criminal revision under the BNSS and explained in our explainer on criminal revision. This guide focuses on the civil revision under Section 115.
05The time limit
A civil revision petition to the High Court is time-bound under the Limitation Act, 1963, and the period is generally 90 days from the date of the order or decree you are challenging, with the time taken to obtain the certified copy excluded.
If you are late, the High Court can condone the delay on sufficient cause, as with an appeal, but you should not rely on it. Confirm the exact Article of the Limitation Act that applies, because the starting point depends on the order you are revising, and file within the period wherever you can.
06How to file, step by step
For a civil revision petition under Section 115, the broad steps are:
- Confirm no appeal lies. Revision is for cases where an appeal is not available, so first check that your order is not appealable.
- Identify the jurisdictional error, which gateway of Section 115 your case falls in, because that is what the High Court will test.
- Obtain the certified copy of the order and the record you rely on.
- Draft the revision petition to the High Court, with concise grounds focused on jurisdiction, supported by an affidavit.
- File it with the court fee, serve the respondent, and, if you need the lower court's order stayed, apply for a stay, which the High Court may grant on terms.
Check the current forms, fee and practice of the High Court concerned before filing.
Revision is a check on jurisdiction, not a rehearing. If the court below simply weighed the evidence differently, that is usually not a ground for revision.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Deciding between appeal and revision, and drafting the petition, are matters for your advocate, and Claw does not file for you. Where Claw helps is in testing that choice and tracking the matter. Its Legal GPT lets you research across 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to see how courts have read the narrow jurisdictional grounds under Section 115 and when they decline to interfere. You can track the revision and the underlying case through every stage across 9,102 courts, benches and forums, with hearing and order alerts, so a stay order or the next date does not slip past you. Results return in under 5 seconds, and Claw does not train its AI models on your documents. To check a party's other matters, you can run a case search across Indian courts by name. A clean result means nothing was found on the forums and date searched, under the names used, not that no matter exists. This is general information, not legal advice.
08Sources and further reading
- India Code (CPC, 1908; BNSS, 2023; Limitation Act, 1963): indiacode.nic.in
- eCourts (case status): ecourts.gov.in
- Supreme Court of India (judgments): main.sci.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. Whether revision or appeal is the right remedy depends on your exact order and facts; confirm the current position and take advice before filing.
09Frequently asked questions
What is a revision petition?
It is a request to a higher court to examine a lower court's order and correct it where the lower court went wrong about its jurisdiction. It is a supervisory remedy, used mainly where no appeal is available. The higher court does not re-try the dispute; it checks that the court below stayed within the limits of its power.
What is a civil revision under Section 115 CPC?
It is the High Court's power to call for the record of a case decided by a subordinate court in which no appeal lies, and to interfere if that court exercised a jurisdiction it did not have, failed to exercise one it did have, or acted illegally or with material irregularity in exercising its jurisdiction. It is confined to jurisdictional error.
What is the difference between a revision and an appeal?
An appeal is a rehearing on the merits, where a first appeal can re-open the facts and a second appeal decides a substantial question of law. Revision only checks jurisdiction, in cases where no appeal is given, and is a supervisory discretion rather than a right. If an appeal is available, you generally use the appeal.
How is a criminal revision different?
A criminal revision is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court of Session or the High Court can examine the record of a subordinate criminal court to check the correctness, legality or propriety of an order. It has its own limits, including a bar on a second revision by the same person, and is covered separately.
What is the time limit to file a revision petition?
A civil revision petition to the High Court is generally filed within 90 days of the order or decree under the Limitation Act, 1963, with the time taken to obtain the certified copy excluded. If you are late, the High Court can condone the delay on sufficient cause, but you should file within the period wherever possible.