Difference Between Review and Revision
Difference Between Review and Revision
1. Introduction
Both Review and Revision are judicial remedies available against orders or judgments passed by courts, but they are distinct in their nature, scope, and procedure.
2. What is Review?
Review is the power of a court to re-examine its own judgment or order to correct any apparent errors or mistakes.
It is an intra-court remedy, meaning the same court that passed the original judgment reconsiders it.
Purpose: To rectify errors apparent on the face of the record or discovery of new evidence.
Governed by Order 47 Rule 1 CPC.
It is not an appeal but a limited re-consideration.
3. What is Revision?
Revision is the power of a higher court to examine the correctness, legality, or propriety of any order passed by a lower court.
It is an inter-court remedy, where a superior court reviews the proceedings of a subordinate court.
Purpose: To ensure correct application of law and procedure.
It is not an appeal, as the revisional court does not rehear evidence but looks for jurisdictional errors or gross irregularities.
Provided under various statutes (e.g., Section 115 CPC for Civil Revision).
4. Key Differences Between Review and Revision:
| Aspect | Review | Revision |
|---|---|---|
| Definition | Reconsideration of the same court’s order to correct errors apparent on the face of record. | Examination of lower court’s order by a higher court for correctness or legality. |
| Court Exercising Power | Same court which passed the order or judgment. | Higher court over a subordinate court. |
| Nature | Intra-court remedy. | Inter-court remedy. |
| Purpose | To correct errors apparent on face of record or discovery of new evidence. | To correct jurisdictional errors, illegality, or procedural irregularities. |
| Grounds | Error apparent on the face of record; new evidence discovered; fraud or mistake. | Lack of jurisdiction, error of law, procedural irregularity, or gross injustice. |
| Procedure | Under Order 47 Rule 1 CPC. | Under Section 115 CPC or other statutory provisions. |
| Appealability | Not an appeal, but limited review. | Not an appeal; revisional power is supervisory. |
| Re-examination of Evidence | Yes, only if new evidence discovered. | No, revisional court does not re-assess evidence. |
| Time Limit | Must be filed within 30 days from the date of judgment. | Usually limited by statute, varies by court. |
| Example | Correction of clerical error or omission in judgment. | Correction of illegal order passed by a subordinate court. |
5. Illustrative Case Laws:
Review
1. State of U.P. v. Mohd. Nooh, AIR 1969 SC 0642
Held that review is confined to correction of errors apparent on the face of record.
It is not meant for re-argument or to reconsider evidence.
2. K.K. Verma v. Union of India, AIR 1956 SC 316
The Court emphasized that review cannot be a substitute for appeal and should only be used for patent errors or new evidence.
Revision
1. State of Haryana v. Bhajan Lal, AIR 1992 SC 604
Revision power should be exercised sparingly and only when there is an illegality or jurisdictional error.
2. Collector Land Acquisition v. Mst. Katiji, AIR 1987 SC 1353
Held that revisional jurisdiction is supervisory and limited to correcting jurisdictional errors or gross miscarriages of justice.
6. Practical Implications:
A review petition is filed when a party wants the same court to correct its judgment on limited grounds.
A revision petition is filed in a higher court against an order of an inferior court, mainly on grounds of jurisdictional error or procedural irregularity.
Appeal is different from both as it involves reconsideration of the case on facts and law.
7. Summary Table:
| Criteria | Review | Revision |
|---|---|---|
| Purpose | Correct patent errors or new evidence | Correct jurisdictional or legal errors |
| Court | Same court | Higher court over lower court |
| Scope | Limited | Supervisory |
| Evidence Re-examined | Only new evidence | No |
| Grounds | Error apparent on record, new evidence, fraud | Jurisdictional error, illegality |
| Procedure | Order 47 Rule 1 CPC | Section 115 CPC or statutory |
| Time Limit | 30 days | Depends on statute |
Conclusion:
Review and Revision are distinct remedies with different purposes and procedures. Review is a limited intra-court remedy aimed at correcting errors apparent on record, while revision is a supervisory jurisdiction of a higher court to ensure legality and jurisdictional propriety of orders passed by lower courts. Both are essential mechanisms to uphold justice but must be used within their proper legal framework.
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