Basis

Reference

Revision

Meaning

Reference means a procedure where a Subordinate Court refers a question of validity of law to the High Court for its opinion.

Revision means the power of the High Court to supervise and correct jurisdictional errors of Subordinate Courts.

Statutory Provision

Sec 113; Order 46, CPC

Sec 115, CPC

Initiation

By Court Suo Motu

→ Aggrieved party

→High Court Suo Motu

Nature

Advisory Jurisdiction

Supervisory Jurisdiction

Purpose

Resolve legal doubt

→Control over subordinate courts

→Correction of Jurisdictional errors

→Prevent misuse of authority

→Ensure proper administrative of justice

Grounds

Validity of law or interpretation of law.

→Court exercised Jurisdiction not vested

→Failed to exercise Jurisdiction

→Acted illegally or with material irregularity.

Arises

Due to Doubt

Due to error

Deals

Validity of Law

Jurisdiction.

Seeks

Opinion

Correction

Occurs

Before final decision

After order passed

Ensures

Correct interpretation of Law

Proper exercise of power

Used

Rarely

Frequently

Affects

Does not affect merit directly

May affect order

Part of

Trial process

Supervisory Jurisdiction.

Protects

Uniformity of Law

Judicial discipline

Requires

Statement of Case

Record of proceedings

Gives

Opinion only

Binding order

Looks

Forward looking

Backward Looking

Stage

Pre-Judgement stage

Post-Order Stage

Constitutional issues

May involve

Does not involve

Based

On uncertainty

On illegality

Discretion

Discretion of subordinate Court

Discretion of High Court

Error

Does not require error

Requires error

Remedy

Exceptional remedy

Extraordinary remedy

Maintains

Legal consistency

Judicial Control

Ends with

Opinion

Order / Judgement