Saturday, 17 May 2025

Comparative Analysis: Review, Revision, and Appeal

 Comparative Analysis: Review, Revision, and Appeal


Subject Matter

Review

Revision

Appeal

1. Definition

A review refers to the judicial re-examination of a case by the same court, conducted under specifically prescribed and limited grounds.

A revision is a discretionary supervisory remedy exercised by a higher court to correct jurisdictional errors or miscarriage of justice.

An appeal entails a statutory right to escalate a case from a lower court to a higher court, aimed at re-evaluating the sustainability of the judgment.

2. Statutory Provision

Governed under Section 114 of the Code of Civil Procedure (CPC).

Governed under Section 115 of the CPC.

Encompassed within Sections 96 to 112 of the CPC.

3. Procedural Order

Regulated by Order XLVII of the CPC, 1908.

No specific procedural order is laid down in the CPC regarding revision.

Governed by Orders XLI to XLV of the CPC, 1908.

4. Nature of Proceedings

Not a continuation of the original proceedings; it is confined to rectification of errors apparent on the face of the record.

Also not a continuation of the original proceedings; intended to supervise and correct jurisdictional or legal irregularities.

A continuation of the original judicial proceedings, extending to the merits of the case.

5. Scope of Consideration

Review is limited strictly to questions of law and manifest errors on record.

Revision is confined solely to questions of law, particularly jurisdictional errors.

Appeal may address both questions of fact and law, offering a broader scope of scrutiny.

6. Jurisdiction of Court

The power of review lies with the same court which originally passed the order or decree.

The power of revision is vested in the superior court to that which rendered the original decision.

The appellate jurisdiction lies with a superior court, generally the next higher forum in the judicial hierarchy.


No comments:

Post a Comment