Reference, Review, and Revision are corrective mechanisms under procedural law. These mechanisms allow courts to address errors without reopening the entire suit through an appeal. They serve different purposes, operate at different stages, and are invoked by different authorities. Treating them as interchangeable is a basic procedural mistake.
These are governed primarily by the Code of Civil Procedure, 1908 (CPC).
Reference
Meaning
A subordinate court sends a case to the High Court when it doubts the validity of the law. It refers a case when it questions the interpretation of the law. The subordinate court lacks authority to decide it conclusively.
Reference is not a remedy for parties.
It is a judicial request for guidance.
Who Makes a Reference
Only a subordinate court can make a reference.
Parties cannot directly approach the High Court through reference.
When Reference Is Made
A reference is made when:
- A question of law arises
- The court entertains reasonable doubt
- The issue involves validity of an Act, Ordinance, or Regulation
The subordinate court pauses proceedings and seeks the High Court’s opinion.
Nature of Power
Reference is:
- Consultative
- Limited to questions of law
- Binding once answered
The High Court does not decide the suit; it only answers the legal question.
Purpose
Reference ensures:
- Uniform interpretation of law
- Prevention of unconstitutional decisions
- Judicial discipline
Review
Meaning
A Review is a reconsideration of a judgment by the same court that passed it.
It is not an appeal in disguise.
It exists to correct patent errors, not to reargue the case.
Grounds for Review
Review is permitted only on strict grounds:
- Discovery of new and important matter or evidence
- Error apparent on the face of the record
- Any other sufficient reason (narrowly interpreted)
A wrong decision is not a ground.
An obvious error is.
Who Can Seek Review
A party aggrieved by the decree or order may seek review before the same court.
Nature of Power
Review is:
- Extremely limited
- Discretionary
- Not a rehearing
Courts are reluctant to review their own judgments unless injustice is obvious.
Purpose
Review prevents:
- Judicial embarrassment due to obvious mistakes
- Multiplicity of proceedings
- Unnecessary appeals
Revision
Meaning
A Revision is a supervisory power exercised by a superior court to correct jurisdictional errors committed by a subordinate court.
Revision is not about correctness of the decision, but legality of the process.
Who Exercises Revisional Power
Generally exercised by:
- High Courts over subordinate courts
When Revision Is Invoked
Revision lies where:
- The subordinate court exercised jurisdiction not vested in it
- Failed to exercise jurisdiction vested in it
- Acted illegally or with material irregularity
Mere errors of fact or law are not enough.
Nature of Power
Revision is:
- Supervisory
- Discretionary
- Narrow in scope
The High Court does not substitute its own view unless jurisdiction is violated.
Purpose
Revision ensures:
- Subordinate courts stay within legal limits
- Abuse of process is prevented
- Judicial discipline is maintained
Key Differences at a Glance
Reference deals with doubtful questions of law and is initiated by courts.
Review deals with obvious errors and is sought before the same court.
Revision deals with jurisdictional defects and is exercised by higher courts.
Reference is consultative.
Review is corrective.
Revision is supervisory.
None of them are substitutes for appeal.
Why These Distinctions Matter
Misusing these remedies leads to:
- Dismissal at threshold
- Wasted judicial time
- Procedural embarrassment
Courts are strict because these powers interfere with finality of judgments.
Also Read- Temporary Injunction – Tests
Reference, Review, and Revision exist to correct the system without breaking it.
Reference clarifies law.
Review corrects obvious mistakes.
Revision restrains jurisdictional excess.
Appeals decide correctness.
These remedies ensure legality, consistency, and discipline.
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