‘Appeal’ and ‘Revision’: Distinction
Q. Differentiate between ‘appeal’ and ‘revision’.
There are following main distinctions between Revision and Appeal:
(a) An appeal lies to Superior Court from every original decree unless expressly barred, while a revision lies only in the cases mentioned in section 115 of the Code of Civil Procedure, 1908, and to the High Courts only.
(b) The revisional jurisdiction can also be exercised suo motu, while appellate jurisdiction cannot be exercised suo motu.
(c) The exercise of revisional power is entirely discretionary and ordinary. High Court does take a technical view so as interfere in every case while right of the appeal is a substantive right given by statute, and every appeal is to be decided according to law.
(d) The High Court or revisional court cannot, in exercise of its revisional powers, set aside the findings of facts of subordinate courts but a court of appeal can do so.
(e) An appeal abates if the legal representative of the deceased are not brought on record within the time allowed by law while a revision may not abate and the High Court has a right to bring the proper parties before the Court at any time.
(f) Order XLI, rule 31 of the Code provides for a procedure for deciding the appeal. The law requires substantial compliance of the said provisions. The first appeal is a valuable right and the parties have a right to be heard both on question of law and on facts. Parimal v. Veena, MANU/SC/0105/2011 : AIR 2011 SC 1150.
‘Revision’ and ‘Review’: Distinction
Q. Point out the difference between ‘Revision’ and ‘Review’.
There are following distinctions between Revision and Review:
(a) The power of revision is exercised by the High Court and in some cases by the district court, i.e., the Superior Court, while the power of review is exercised by the Court which passed the decree or order.
(b) The power of revision is conferred on the High Court only and in some cases in some states, on the district court also, but review can be made by any court which passed the judgment or order.
(c) Revisional powers can be exercised only in cases in which no appeal lies, but review can be made even when appeal lies to the Supreme Court.
(d) The grounds on which the powers of revision and review can be exercised and different. The ground for revision relates to jurisdiction, i.e., want of jurisdiction, failure to exercise jurisdiction vested in the Court, or illegal or irregular exercise of the jurisdiction, while the grounds for review are discovery of new and important matter of evidence, some apparent mistake or error on the face of the record or any other sufficient reason.
(e) No appeal lies from an order passed in the exercise of revisional jurisdiction while the order following the review application is appealable.
(f) Under Order XLVII, rule 1, in case of grounds of review the expression “any other sufficient reason” has to be read in light of other specified grounds. State of West Bengal v. Kamal Sengupta, AIR 2009 SC (Supp) 476