The High Court has no power of revision under this section unless the case is decided by a Civil Court and, further, if it has been decided by a court 'subordinate' to the High Court. A Judge of a High court sitting alone does not constitute a court subordinate to the High Court, but performs a function directed to be performed by the High Court; therefore, no revision lies from his decision. While a single judge of the High Court is 'a court below' in relation to a bench hearing an appeal under the Letters Patent, he is not a 'Court Subordinate' to the High Court within this section.
Apart from provisions for appeals and revisions, there are provisions in the Code of review of a judgement or decree. These are given in the circumstances which are provided in Section 114 and Order 47 of the Code which are:
(i) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred;
(ii) by a decree or order from which no appeal is allowed by this code; or
(iii) by a decision on a reference from a Court of Small Causes.
The court's jurisdiction to review is confined to the grounds as mentioned in Order 47 of the Code which are very limited, that is, on the ground of discovery of new and important matter or evidence, which, after the exercise of due diligence, was not within the knowledge of the party or could not produced by them at the time when the decree/order was passed or on account of some mistake and error apparent on the face of record , as, for example if some Act or binding judgment of the higher court was not taken notice of, or some public document was ignored.
Appeals to the Supreme Court are also provided under Section 109 of the Code in the following cases. An appeal lies to the Supreme Court from any judgement, decree or final order in a civil proceeding of a High Court, if the High Court certifies:
(i) that the case involves a substantial question of law of general importance, and
(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
This provision is independent of provisions of Articles 132,133 and 136 of the Constitution of India.
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