Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

Appeals, Reference, Review and Revision under CPC

Updated 11 October 2026 · Fact-checked

These are the remedies a party has after a court decides a case. An appeal goes to a higher court. A second appeal goes to the High Court only on a substantial question of law (section 100). Review goes to the same court. Revision and reference go to the High Court. To answer, name the remedy, its forum, its ground, and conclude.

Understand Appeals, Reference, Review and Revision

A civil court's decision is not always the end. The Code of Civil Procedure, 1908 gives several remedies to correct errors. You must know which remedy fits which situation.

An appeal takes the case to a higher court to re-examine the decision. A first appeal lies from an original decree. Section 96 gives this right, and the appeal can raise questions of fact and law. A second appeal lies against a decree passed in appeal. It is much narrower. Under section 100, the High Court must be satisfied that the case involves a substantial question of law. Section 101 adds that no second appeal lies on any other ground.

A reference (section 113) is different. Here a subordinate court itself states a case to the High Court on a question of law and seeks its opinion. The party does not start it. A review (section 114) is an application to the same court that passed the decree or order. A revision (section 115) invokes the supervisory power of the High Court over subordinate courts, usually where no appeal lies.

The Code also deals with procedure. Section 108 says the provisions on appeals from original decrees apply, so far as may be, to appeals from appellate decrees and to appeals from orders made under the Code or any special or local law that provides no different procedure. Finally, High Courts make rules. Section 129 lets a High Court regulate its own procedure in original civil jurisdiction. Section 122 lets certain High Courts make rules for their own procedure and for civil courts under their superintendence.

Key rules to remember

Second appeal – section 100(1): Appeal lies to the High Court from every decree passed in appeal by a court subordinate to it, if the High Court is satisfied that the case involves a substantial question of law; This is subject to anything expressly provided in the Code or any other law in force. It is the only ground for second appeal (section 101).
Ex parte appellate decree – section 100(2): A second appeal may lie from an appellate decree passed ex parte; An ex parte appellate decree does not bar a second appeal.
Memorandum of appeal – section 100(3): Memorandum must precisely state the substantial question of law involved; Vague grounds weaken the appeal.
Formulation and hearing – section 100(4) and (5): High Court shall formulate the question; appeal is heard on that question; respondent may argue that no such question is involved; The proviso lets the court, for reasons recorded, hear the appeal on another substantial question of law it did not formulate.
Power to decide facts – section 103: If the evidence on record is sufficient, the High Court may determine an issue necessary for disposal that was (a) not determined by the lower courts, or (b) wrongly determined because of a decision on a question of law as in section 100; This is a limited exception to the rule that second appeal is not on facts.
Procedure – section 108: Rules for appeals from original decrees apply, so far as may be, to (a) appeals from appellate decrees and (b) appeals from orders under the Code or a special or local law with no different procedure; Detailed procedure is in Order 41 and Order 43.
Review – section 114: A person aggrieved by (a) a decree or order appealable but not appealed, (b) a decree or order from which no appeal is allowed, or (c) a decision on a reference from a Court of Small Causes, may apply for review to the court that passed it; Subject to the conditions in section 114 and Order 47. The court makes such order as it thinks fit.
Revision – section 115: High Court may call for the record of a case decided by a subordinate court in which no appeal lies, where the court appears to have exercised a jurisdiction not vested in it, failed to exercise one vested in it, or acted illegally or with material irregularity; The High Court should not vary or reverse an order unless it would have finally disposed of the suit or proceeding if made in the applicant's favour, or would cause failure of justice or irreparable injury.
High Court rules – sections 122, 129, 130: s.122: rules on own and subordinate civil courts' procedure, after previous publication, may alter the First Schedule. s.129: own procedure in original civil jurisdiction, not inconsistent with Letters Patent. s.130: other High Courts, with State Government's previous approval, on matters other than procedure; Section 129 does not apply to the court of a Judicial Commissioner.

How to solve Appeals, Reference, Review and Revision questions

Use this order for any question on remedies against a civil court decision.

1Identify what was passed: an original decree, an appellate decree, an order, or a decision on a point of law referred up. This decides the remedy.
2Name the remedy and the forum: first appeal (higher court under section 96), second appeal (High Court, section 100), review (same court, section 114), revision (High Court, section 115) or reference (section 113).
3State the ground or condition. For second appeal, it is a substantial question of law only (sections 100 and 101). For review, it is the conditions in Order 47. For revision, it is jurisdictional error or material irregularity.
4Check for bars. Is an appeal expressly barred by the Code or another law? Is it a decree from which no appeal lies? Has an appeal been preferred? A review under clause (a) needs that no appeal was preferred.
5Add procedure. Mention section 108, the memorandum of appeal, and the court's duty to formulate the question under section 100(4).
6Apply the facts to the rule. Say whether the point raised is law or fact.
7Close with a clear conclusion: maintainable or not, and where to go.

Quickest way: Remedy-and-forum matrix

When to use it: Use it for short notes, distinction questions and case-study questions when time is short.

Write four labels: Appeal, Review, Revision, Reference.
Against each, write the forum: higher court; same court; High Court; High Court on the subordinate court's own request.
Against each, write the trigger: error of fact or law; new matter or apparent error; jurisdiction or irregularity; doubt on a question of law.
For second appeal, always write: section 100, substantial question of law, formulated by the High Court, no other ground (section 101).
End with a one-line conclusion tied to the facts.

Common mistakes in Appeals, Reference, Review and Revision

Saying a second appeal lies on a wrong finding of fact.
Students treat the second appeal as a repeat of the first appeal.
Fix: Remember that section 100 needs a substantial question of law, and section 101 bars any other ground. Section 103 only lets the High Court decide an issue on sufficient evidence when law is involved or an issue was left undecided.
Confusing review and revision.
Both words sound alike and both correct errors.
Fix: Review goes to the same court that passed the decree or order (section 114). Revision goes to the High Court, which supervises the subordinate court (section 115).
Forgetting that the High Court must formulate the substantial question.
Students focus on the memorandum of appeal and ignore section 100(4) and (5).
Fix: State that the memorandum must precisely state the question, the High Court formulates it, and the appeal is heard on it. Mention the proviso and the respondent's right to argue that no such question arises.
Mixing up High Court rule-making sections.
Sections 122, 129 and 130 look similar.
Fix: Link 129 to original civil jurisdiction, 122 to procedure of the High Court and subordinate civil courts and changes to the First Schedule, and 130 to non-procedural matters for other High Courts with State Government approval.
Treating a reference as a remedy the party can demand.
Students group all four terms as remedies a litigant files.
Fix: Write that a reference is made by the court itself to the High Court on a question of law. A review or revision is moved by the aggrieved person.
Omitting section 108 in questions on procedure.
Students jump straight to Order 41.
Fix: Quote section 108: appeals from appellate decrees and from orders follow the procedure for original-decree appeals, so far as may be.

Worked examples

Example 1

Ravi's suit against Mehta Traders in a Delhi civil court was decreed. The District Court allowed Mehta Traders' appeal and dismissed the suit, holding that the evidence on payment was unreliable. Ravi files a second appeal in the High Court, arguing only that the District Court weighed the evidence wrongly. Is the appeal maintainable?

Show the solution

Provision: Under section 100(1), an appeal lies to the High Court from a decree passed in appeal by a court subordinate to it, only if the High Court is satisfied that the case involves a substantial question of law. Section 101 says no second appeal lies on any other ground.
Facts: The decree was passed in appeal by the District Court, so a second appeal is the correct form. But Ravi's only complaint is how the evidence was weighed. That is a question of fact.
Analysis: Section 100(3) requires the memorandum to state precisely a substantial question of law. Ravi has stated none. The High Court cannot formulate a question under section 100(4) where none is involved. Section 103 would not help, as Ravi does not allege that a wrong decision on a question of law caused a wrong finding on an issue.
Conclusion: The second appeal is not maintainable unless Ravi can show a substantial question of law.

Answer: Not maintainable. Section 100 permits a second appeal only on a substantial question of law, and section 101 bars other grounds. A complaint about the appreciation of evidence is a question of fact.

Example 2

A decree against Anita was passed by a Civil Judge. She did not appeal. Later she finds an obvious error on the face of the record. Which remedy can she use, before whom, and how does it differ from revision?

Show the solution

Provision: Section 114 allows any person aggrieved by a decree or order from which an appeal is allowed but not preferred to apply for review to the court which passed the decree or made the order.
Facts: The decree is appealable and Anita did not appeal. The error is apparent on the face of the record, which is a ground for review under Order 47.
Remedy: Anita can apply for review to the same Civil Judge, who may make such order as he thinks fit.
Difference: Review is made to the same court that passed the decree. Revision under section 115 goes to the High Court, which supervises subordinate courts, and rests on jurisdictional error or material irregularity, typically where no appeal lies.
Conclusion: Anita's proper remedy is review before the Civil Judge. She could instead have appealed in time under section 96.

Answer: Anita may apply for review under section 114 to the Civil Judge who passed the decree. Revision is a different remedy before the High Court on jurisdictional grounds.

Exam tips

Write the section number with every remedy: 96, 100, 101, 103, 108, 113, 114, 115. Examiners reward the provision first, then the facts, then the conclusion.
For second appeal problems, check first whether the question is law or fact. This one step decides most case studies.
In distinction questions, use a two-column layout in prose: forum, ground, who initiates, effect. Keep each line short.
For High Court rules, link each section to its scope: 129 (original civil procedure), 122 (own and subordinate courts, First Schedule) and 130 (other High Courts, non-procedural, State approval).
Do not describe the 2002 limits on revision from memory beyond the rule you are sure of. State the test: final disposal of the suit or failure of justice or irreparable injury.

Practice questions from Law relating to Civil Procedure

Appeals, Reference, Review and Revision in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Appeals, Reference, Review and Revision: frequently asked questions

What are the grounds for a second appeal under section 100 CPC?

The only ground is that the case involves a substantial question of law. The memorandum must state it precisely, and the High Court formulates it. Section 101 bars any other ground.

What is the difference between review and revision under CPC?

Review is filed before the same court that passed the decree or order, under section 114. Revision is a High Court power over subordinate courts under section 115, based on jurisdictional error or material irregularity.

Can the High Court hear a second appeal on a question it did not formulate?

Yes, but only under the proviso to section 100(5). It must record its reasons and be satisfied that the case involves such a substantial question of law.

Which procedure applies to appeals from appellate decrees and orders?

Section 108 says the provisions for appeals from original decrees apply, so far as may be. This covers appeals from appellate decrees and from orders under the Code or a special or local law without a different procedure.

Who can make rules for original civil procedure in a High Court?

Under section 129, a High Court can make rules to regulate its own procedure in original civil jurisdiction, if they are not inconsistent with the Letters Patent, order or other law establishing it. The court of a Judicial Commissioner is excluded.