Appeal, Review, and Revision
โ๏ธ Appeal, Review, and Revision โ Explained
1. Appeal
๐ Definition:
An appeal is a legal right to have a higher court re-examine a lower courtโs decision โ both facts and law.
๐ Purpose:
To challenge the correctness or fairness of a judgment, decree, or order.
๐ Key Features:
Filed by an aggrieved party
Can be against final or interlocutory orders
The appellate court may reverse, modify, or uphold the lower courtโs decision
Right of appeal must be expressly provided by statute
๐จโโ๏ธ Example:
An appeal against a trial court judgment is filed in the High Court or Supreme Court under CPC/CrPC.
2. Review
๐ Definition:
A review is a request made to the same court that passed a judgment to re-examine it due to an error or new evidence.
๐ Purpose:
To correct a mistake apparent on the face of the record or account for newly discovered evidence.
๐ Key Features:
Filed before the same court
Grounds for review under Order XLVII of CPC, 1908:
Mistake/error apparent on record
New and important evidence not within knowledge earlier
Any other sufficient reason
Not an appeal in disguise
๐จโโ๏ธ Example:
A person files a review petition in the High Court after a judgment, citing a factual error or missing evidence.
3. Revision
๐ Definition:
Revision is a power exercised by a higher court (usually High Court) to correct a jurisdictional or legal error made by a lower court.
๐ Purpose:
To supervise and correct jurisdictional errors or illegal exercise of power by subordinate courts.
๐ Key Features:
Discretionary power of the higher court (no automatic right like appeal)
Used when no appeal lies
High Court may act suo motu (on its own) or on application
Provided under Section 115 of CPC and Sections 397โ401 of CrPC
๐จโโ๏ธ Example:
If a subordinate court passes an order without proper jurisdiction, a party may apply for revision before the High Court.
๐ Comparison Table
| Feature | Appeal | Review | Revision |
|---|---|---|---|
| Filed to | Higher court | Same court | Higher court |
| Purpose | Re-hearing of matter | Correct mistake/error | Correct jurisdictional/legal error |
| Nature | Statutory right (if provided) | Discretionary of the court | Supervisory in nature |
| Scope | Re-examines facts & law | Limited to error on record | Examines legality/jurisdiction |
| Right/Discretion | Right (if statute allows) | No right, only by courtโs discretion | No right, only by courtโs discretion |
โ Summary:
Appeal = Reconsideration by higher court (broad review of facts/law)
Review = Limited re-check by the same court (error/new evidence)
Revision = Supervisory correction by higher court (jurisdiction/legal mistake)
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