Published on: 13 August 2023 at 12:42 IST
Court: Supreme Court
Citation: Kamlesh Kumar V. State of Jharkhand (2013)
Honourable Supreme Court of India has held that the Revisionary Court’ jurisdiction is limited to the correction of the apparent error on the face of the record. The exercise its power of revision can be done when facts and circumstances of the case display grave injustice and impropriety. It is held that the transfer of case from one court to another does not takes away the right to seek revision by the Parties.
43. While the revisional power of a superior court actually enables it to correct a grave error, the existence of that power does not confer any corresponding right on a litigant. This is the reason why, in a given case, a superior court may decline to exercise its power of revision, if the facts and circumstances of the case do not warrant the exercise of its discretion.
This is also the reason why it is felicitously stated that a revision is not a right but only a “procedural facility” available to a party. If the matter is looked at in this light, the transfer of a case from a Magistrate to a Special Judge does not take away this procedural facility available to the petitioners. It only changes the forum and as already held above, the petitioners have no right to choose the forum in which to file an appeal or move a petition for revising an interlocutory order.
Drafted By Abhijit Mishra
