Appeal and Revision are the two different legal terms that fall under the jurisdiction exercised by the courts. These are the powers the court practice to look onto a case which is already concluded, for the convenience of the petitioner.
Appeal vs Revision
The main difference between an appeal and revision is that an appeal is a complaint of a case that is given attention to again due to the displeasure of a certain party, whereas revision is performed by a High Court to guarantee that legal actions were obeyed in concluding.
An appeal is a complaint that is made into the superior court against the judgment of a lower court whereas revision is an act of re-examination to eliminate any flaws or non-exercise of jurisdiction by a lower court.
An appeal is a Civil Procedure Code complaint that is made to check the solidity of a decision of the lower court by a superior court. An appeal can be filed against an original statute or proclamation passed in appeal.
Revision is the power of the High Court to re-work and re-write the conclusion made in the subordinate court. It means a careful examination of the prosecution to improve or rectify the judgment.
Comparison Table Between Appeal and Revision (in Tabular Form)
| Parameters of Comparison | Appeal | Revision |
|---|---|---|
| Section | Under Section 96 to 112 of the Civil Procedure Code and Section 382 of the Criminal Procedure Code, an appeal is exercised. | Under Section 115 of the Civil Procedure Code and Section 397 of the Criminal Procedure, Code revision is exercised. |
| Court | The cases are looked upon by courts with higher power from the courts who delivered the previous verdict. | The High Court is allotted with the power of revision of any case. |
| Jurisdiction practiced by the Court | Appellate Jurisdiction | Revisional Jurisdiction |
| Examination of cases based on | Based on the point of ordinance and evidence. | The cases are examined based on the legal jurisdiction. |
| The necessity of being heeded | In an appeal hearing is significant. | Hearing is not necessary for revision, it is the counter review of the verdict. |
| Rights of the solicitor | It is the legal right of the solicitor. | Revision does not have any right but it is an optional power of the High Court. |
What is Appeal?
An appeal is exercised by the higher courts under Section 96 to 112 of the Civil Procedure Code and Section 382 of the Criminal Procedure Code. An appeal allows the solicitor to be heard again by a higher court which may oversee a new verdict.
There is no accurate definition for an appeal in the Civil Procedure Code. In simple word an appeal mean an aggrieved or unsuccessful solicitor in a case agrees on to take the case to a superior court to pursue correction of a ruling made by a lower court.
When a solicitor thinks that the ruling made in the lower court was unfair, then the solicitor can file an appeal to the superior court who can look upon the errors that were made in the previous court.
The court where an appeal is heard is called an Appellate court and it falls under the appellate jurisdiction. It is the legal right of the solicitor. The solicitor who files an appeal is known as the appellant. The appellant requires to enroll for an appeal with the required statements in the limited time.
Under the Civil Procedure Code, there are two types of Appeals:
- First Appeal : The first appeal is filed in an appellate court in the district and is accessible as a matter of right on any basis involving the issue.
- Second Appeal : The second appeal is filed against the decision of the appellate court. After the first appeal when there is no reply has been received or when the decision passed in the appellate court can be questioned if the case involves a significant concern of law.
What is Revision?
Under the Section of 115 of the Civil Procedure Code and Section 392 of the Criminal Procedure Code, revision is exercised. Sometimes, some speculations are made illegally or the practice of the Jurisdiction is made irregularly by lower courts.
To check the legal actions and re-examine them, a revision is practiced. In simple terms, revision is to change the decision already made. This re-checking and re-writing of a case are done by a Superior Court, usually the High Court.
It is an optional power of the High Court, unlike an appeal. The High Court authorizes whether to examine a case or not.
The goal of a revision is to make sure that legal procedures without any errors were exercised in the lower court while delivering the verdict. Its main aim is to check and correct the errors of the lower court. A revision falls under Revisional Jurisdiction.
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.
Conclusion
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.
References
- https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/washlr44§ion=26
- https://www.jstor.org/stable/40237094
- https://academic.oup.com/ajcl/article-abstract/50/1/201/2571661
- https://brill.com/view/book/9789004251038/B9789004251038-s033.xml