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    Question

    When High Court or any Sessions judge calls for to

    examine the record of any proceeding before any inferior court, it is known as
    A Review Correct Answer Incorrect Answer
    B Revision Correct Answer Incorrect Answer
    C Reference Correct Answer Incorrect Answer
    D None of the above Correct Answer Incorrect Answer

    Solution

    Reference is dealt under Section 113 of the Code. It mentions that a subordinate court can refer a doubt to the High court where the former thinks that there should not be misinterpretation with regard to any law. This is called a reference. No party to the suit has the right to apply for reference. It is only the subordinate court which has the power of reference suo-moto (on its own motion) when there is doubt regarding the validity of any legal provision. A review is mentioned under Section 114 of the Code. An aggrieved party can file an application for review in the same court where the decree has been passed. This provision enables the court to review its own judgement in case of any error or mistake made with regard to the decision rendered, to rectify the same. While Section 114 is a substantive right, the procedure for the same has been provided for under Order 47 of the Code The High court has the power to call for a re-examination of any case which has been decided by the subordinate court without appropriate jurisdiction. This power of the High court is called Revisional Jurisdiction of only High court which is mentioned under Section 115 of the Code. The revisional jurisdiction is not a substantive right but is merely a privilege given to the applicant.  

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