The Legal Procedure for Filing a Review or Revision Petition

Updated: July 15, 2026Published: July 15, 2026

Quick Answer

A Review Petition is filed before the same judge to correct an error apparent on the record within 30 days, while a Revision Petition is filed in a higher court (like the High Court) within 90 days to correct jurisdictional or serious legal errors made by a subordinate court.

Table of Contents

Key Takeaways

  • Review (Section 114, Order XLVII CPC) is limited to correcting obvious errors on the record and is filed before the same judge who passed the order.
  • Criminal courts generally cannot review their own final judgments due to the statutory bar under Section 362 CrPC (now BNSS).
  • Revision (Section 115 CPC / Section 397 CrPC or 438 BNSS) is filed in a superior court to correct jurisdictional overreach or material irregularity.
  • The Limitation Act prescribes 30 days for filing a Review and 90 days for filing a Revision to the High Court.

Introduction

When a court delivers a judgment, it is generally considered final. However, judges are human, and errors can occur. If a party cannot file an appeal—either because the statute does not allow it or the scope of the error is highly specific—the Indian legal system provides two distinct curative mechanisms: Review and Revision. While laypersons often use these terms interchangeably, they are procedurally and conceptually entirely different. Filing the wrong petition can lead to immediate dismissal, wasting valuable time and resources. Understanding the strict boundaries of Review versus Revision is critical to reviving a compromised case.

Applicable Laws & Sections

It is vital to distinguish between civil and criminal procedures, as the powers of the court differ drastically.

Review Jurisdiction

  • Civil Review: Governed by Section 114 and Order XLVII Rule 1 of the Code of Civil Procedure (CPC), 1908. A review lies before the same judge who passed the decree. It is not a rehearing on merits. It is strictly limited to discovering new, important evidence that could not be produced earlier despite due diligence, or correcting an "error apparent on the face of the record."
  • Criminal Review: Under Section 362 of the CrPC (and corresponding BNSS provisions), criminal courts are expressly barred from altering or reviewing their own final judgments once signed, except to correct a clerical or arithmetical error.

Revisional Jurisdiction

  • Civil Revision: Governed by Section 115 of the CPC. A revision petition is filed before the High Court to correct jurisdictional errors—i.e., when a subordinate court exercises jurisdiction not vested in it, fails to exercise its jurisdiction, or acts with material irregularity.
  • Criminal Revision: Governed by Section 397 of the CrPC (Section 438 of the BNSS). It allows a Sessions Court or High Court to examine the records of any inferior criminal court to satisfy itself regarding the "correctness, legality, or propriety" of a finding or sentence. Notably, revision does not lie against purely interlocutory (interim) orders.

Time Limits

Deadlines are rigid under the Limitation Act, 1963:

  • Review Petition: Must be filed within 30 days from the date of the decree or order (Article 124).
  • Revision Petition: Must be filed within 90 days from the date of the decree or order if filed in the High Court (Article 131).
  • The time taken by the court registry to prepare the certified copy of the order is excluded from this calculation.

Step-by-Step Procedure

  1. Analyze the Error: Determine if the defect is an "error apparent on the record" (Review) or a "jurisdictional defect" (Revision).
  2. Obtain Certified Copies: Apply immediately for the certified copies of the impugned judgment and decree.
  3. Drafting the Petition: Draft the memorandum stating the specific, narrow grounds. For a review, it must clearly articulate why the error is self-evident without needing complex new arguments.
  4. Filing & Admission: File the petition along with the limitation calculation sheet. For a review, it will be listed before the original judge. For a revision, it goes to the superior appellate/revisional bench.

Practical Tips: Litigation Evidentiary Maintenance

Procedural petitions are frequently dismissed at the registry level for missing documentation. To ensure admission, you must aggressively preserve:

  • Limitation Calculation Sheets: File a precise limitation calculation sheet detailing the exact date of the order, the date you applied for certified copies, and the date they were delivered, to prove your petition is within the 30 or 90-day window.
  • Certified Copies: Ensure you attach clearly legible, stamped certified copies of the impugned order; photocopies are routinely rejected.
  • Process Fee (Talbana) Receipts: If the court issues notice, immediately pay the process fee. Preserve the talbana receipts and speed post tracking reports for the summons sent to the respondents.
  • Duly Stamped Vakalatnamas: Attach a fresh vakalatnama with the requisite court fee and welfare stamps, as revision proceedings require fresh authorization.

When Should You Consult a Lawyer?

You should consult an appellate litigator immediately after an adverse order is passed. A lawyer is required to evaluate whether a statutory appeal exists (which would bar a revision) and to expertly draft the highly technical grounds required for an Order XLVII Review, ensuring the petition is not dismissed as a "disguised appeal."

Conclusion

Review and Revision petitions are powerful, yet narrowly tailored, tools in the Indian judicial arsenal. While a Review under the CPC corrects obvious mistakes made by the same judge, a Revision allows superior courts to check the jurisdictional overreach of subordinate courts. By acting swiftly within the strict 30 or 90-day limitation periods and flawlessly maintaining certified copies and limitation calculation sheets, litigants can successfully cure critical judicial errors and protect their legal rights.

Frequently Asked Questions

Q: Can a criminal court review its own judgment?

A: Generally, no. Section 362 of the CrPC explicitly bars criminal courts from altering or reviewing their final judgments once they have been signed, except to correct minor clerical or arithmetical errors.

Q: Is there a revision against an interim order in a criminal case?

A: No. Under Section 397(2) of the CrPC (and corresponding BNSS sections), the power of revision cannot be exercised in relation to purely interlocutory (interim/temporary) orders passed in any appeal, inquiry, or trial.

Q: Can I file new evidence in a review petition?

A: Under Order XLVII Rule 1 of the CPC, you can introduce new evidence in a civil review petition only if you can prove that the new, important evidence was not within your knowledge or could not be produced by you earlier despite exercising strict due diligence.

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