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Find out the right statements -
(i) A revision under section 115 of the Code and a petition under Article 227 of the constitution are same and identical proceedings.
(ii) A revision application lies only on the ground of Jurisdictional error whereas an appeal lies on a question of fact or of law or of fact and law.
(iii) While exercising the revisional Jurisdiction the High Court cannot interfere with an order passed by the subordinate court, if it is within its jurisdiction even if it is legally wrong. The High Court, on the other hand, can interfere with a decree passed by the lower appellate court if it is contrary to law.
(iv) While exercising the revisional jurisdiction, the High Court can interfere with an order passed by the subordinate court, if it is within its jurisdiction if it is legally wrong. In case of 2nd appeal, court can interfere with a decree passed by the lower appellate court if it is contrary to law.
(v) The High Court cannot decide a question of fact in the exercise of its revisional jurisdiction, while it can decide a question of fact in the second appeal in certain circumstances.
(vi) The High Court may decline to interfere in revision if it is satisfied that substantial justice has been done. In the second appeal, however, the High Court has no discretionary power and it cannot refuse to grant relief merely on equitable grounds.
(i), (ii), (iv), (vi)
(i), (ii), (iii), (v)
(ii), (iii), (v), (vi)
(ii), (iv), (v), (vi)
A revision under Section 115 of the Code and a petition under Article 227 of the constitution are two separate and distinct proceedings. While exercising the revisional jurisdiction, the High Court cannot interfere with an order passed by the subordinate court, if it is within its jurisdiction even if it legally wrong. [C. K. Takwani, Chapter – 9 Page -585]
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