What is the difference between revision and appeal

A revision falls under Revisional Jurisdiction. An appeal and revision, both are the legal terms that are exercised by the court to deliver justice or to correct the mistakes of the lower courts. Both the terms seem to sound similar in their work but there is a huge difference in the procedure and applications.

They both have different Sections under which they proceed and these Sections show a significant distinction between both the terms. Skip to content Appeal and Revision are the two different legal terms that fall under the jurisdiction exercised by the courts.

What is Appeal? What is Revision? Main Differences Between Appeal and Revision An appeal is a legal right of an appellant whereas revision depends on the choice of the court, so it cannot be claimed as a right but it is an optional power of the High Court.

In an appeal, a case is heard by a superior court before the lower court in which the case was handled whereas revision is heard only in the High Court. In an appeal, hearing of the case is significant whereas the hearing of a case is not essential in a revision. An appeal is required to be filed by an appellant whereas revision can also be practiced On its own by the higher court who possess the power of revision. None appealable decrees are exercised in revision.

Continuance of the original proceeding takes place in an appeal whereas continuance of the original proceeding does not take place in Revision. Thus plenary power truly stands upon the ideals of democracy as it makes sure that justice will always be served at last, and removes the concept of injustice by an error of law. The concept laid down by the constitution-makers was to prevent the miscarriage of justice.

In law, sua sponte or suo motu on its own motion describes the act of authority, to take up the matter without the request of the other party. This term is generally used for measures taken by a judge on his own, without a prior motion or application from the parties. It is a well-known fact that even if time restrictions are imposed on the application, the Court has the power of suo moto to rectify its own mistakes.

Where inherent powers are exercised, the issue of limitation does not preclude a solution. The decision making authorities can be vested with suo motu powers of review in the interest of justice. If there are strong reasons present for a judgment to be reviewed, then there is no excuse why the court should be restrained from exercising the power of review.

The losing party has to quote legal reasons as to why it feels the judgment of the lower court was wrong and why it should be overturned by the higher court. The losing party and the appellant here must show the errors or mistakes that were committed during the previous trial.

The two grounds on which an appeal can be filed are:. In civil suits, both the plaintiff and the defendant can file a suit for appeal. A defendant has the right to file an appeal unless the judgment came from the court of the highest order. Not every appeal is entitled to be entertained by the court as there can be an appellable error and thus on those grounds the appeal can be rejected.

It must be kept in mind by the party when it decides to file an appeal that the appeal must be made in the limited time frame which varies depending upon the jurisdiction. However, the decision of the appellate court is not time-bound. The judges of the court of appeal take time to consider the issues and then make the final decision. This process can take weeks or even months. Letters Patent Appeal is an appeal from a single bench to a larger bench of the same court.

Such kind of appeal is dealt with, under Section 50 1 b of the Arbitration and Conciliation Act, and has to be judged within already laid down parameters. This remedy was first provided after the establishment of High Courts in The decision given by the single judge bench can go wrong due to wrong facts or can even be wrong according to the law. In these cases, the appellant has the option to refer to a larger bench of the same court before going to the Supreme Court.

Thus, this would save the expenses of going and filing a case under the Supreme Court. Such kind of an appeal is called an intra-court appeal when it is filed in the High Court and an inter-court appeal when it is filed under the Supreme Court.

The maximum period for filing an inter court appeal is 30 days and filing an intra-court appeal is 90 days. After paying the court fees the appellant who files for an LPA is required to carry the following documents with him to the proceeding:.

However, it must also be noted that intra-court appeal is not maintainable in cases of criminal nature. Revision is a new prospect for the resolution of law. It means re-examining the case involving improper inference, non-exercise or inappropriate jurisdictional exercise. Where no appeal lies for a case, which is decided by the subordinate court, Section of the Code of Civil Procedure gives the High Court the power to revise the matter.

Revision refers to reviewing or scrutinizing with a view to correct or to improve. In the exercise of revisional powers, it is not the responsibility of the High Court to take into consideration the benefits of the evidence; it merely has to see if the provisions of the law have been properly adhered to by the court whose order is the subject of the revision.

In Section of the CPC, there are only three grounds for revision, which are:. Section shall thus prevent subordinate courts or lower courts from acting arbitrarily, illegally, irregularly or capriciously. The maintenance of justice which is important for every society in a democracy is possible due to the presence of the Constitution. The principles of democracy have been preserved by the provisions of review. It allows the High Court to rectify, errors of jurisdiction committed by subordinate courts and provides the means to obtain rectification of a non-appealable order to an aggrieved party.

In other words, revisional jurisdiction is conferred on the High Court for the effective exercise of its supervisory and visitorial powers. Appeal whereas ensures the litigants that they will be granted justice under the law while the resolution of a particular dispute and appeal also helps in enacting the rules of decision that will be binding on all lower courts within the judicial system, thus ensuring uniform treatment and some measure of certainty and guidance for those whose actions bring them within the scope of the rule.

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Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. Save my name, email, and website in this browser for the next time I comment. In Associated Cement Co. Revisional powers on the other hand belong to supervisory jurisdiction of a superior court. While exercising revisional powers the court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including the question whether the court has failed to exercise the jurisdiction vested in it.

Though the difference between the two jurisdictions is subtle, it is quite real and has now become well recognised in legal provinces. Similarly, in the case of Neta Ram v. Jiwan Lal , AIR SC : Supp 2 SCR , it was observed that the revisional jurisdiction of the High Court does not include the power to reverse concurrent findings, without showing how those findings are erroneous.

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