Introduction of Review, Revision and Appeal
Under the Civil Procedure Code, there are several mechanisms available to parties to challenge a judgment or order passed by a court. Three such mechanisms are review, revision, and appeal. Here are the differences between them:Review
Review is a procedure by which a party can request the court to reconsider its decision. The grounds for review are limited and include the discovery of new and important matter, mistake or error apparent on the face of the record, or any other sufficient reason. Review can be initiated by a party or even suo moto by the court itself.Revision
Revision is a procedure by which a higher court can call for the record of a lower court and examine it to satisfy itself as to the correctness, legality, or propriety of any decision or order passed by the lower court. The grounds for revision are wider than those for review and include, among other things, the existence of a substantial question of law, the exercise of jurisdiction not vested in the court, or the failure to exercise jurisdiction vested in it.Appeal
Appeal is a procedure by which a party can challenge a decision or order passed by a court before a higher court. An appeal can be filed on both facts and law. The scope of an appeal is wider than that of review or revision, and the appellate court has the power to re-examine the evidence and arrive at its own conclusions.Key Differences:
Nature of the Procedure:
Review is a procedure of reconsideration of a judgment or order, revision is an examination of a decision or order, and appeal is a challenge to a decision or order.Grounds:
The grounds for review are limited, while the grounds for revision are wider, and the grounds for appeal can be on both facts and law.Initiating the Procedure:Review can be initiated by a party or the court suo moto, while revision and appeal are initiated by parties to the case.Scope of the Procedure:
The scope of review is limited to the grounds prescribed under the law, while the scope of revision is wider than review, and the scope of appeal is the widest as it allows the appellate court to re-examine the evidence and arrive at its own conclusions.
Summary:
In summary, review, revision, and appeal are different procedures available under the Civil Procedure Code to challenge a judgment or order passed by a court. The nature of the procedure, grounds, initiating the procedure, and scope of each of these procedures are distinct from each other.