Both the terms under consideration are very important provisions of the Civil Procedure Code of India and of the Constitution(for Supreme Court). Indian judiciary is well equipped with provisions to correct it’s own mistakes and deliver justice.
After the judgment is passed, the court itself has the power to review or revise its decisions. The aggrieved parties can also file a review or revision petition.
Review vs Revision
The main difference between Review and Revision is that Review is the power of a court to re-run or reexamine it’s own judgments if the court realizes that some aspect has been missed or wrongly interpreted whereas Revision gives a court power to revise the decisions of the subordinate courts if there seems some overuse or disuse of the court’s jurisdiction.
Comparison Table Between Review and Revision (in Tabular Form)
| Parameter of Comparison | Review | Revision |
|---|---|---|
| Definition | Review refers to the re-examination and re-evaluation of a case previously decided on by the same court. | Revision refers to the power of court at a higher level of hierarchy to revise the judgment of its subordinate courts. |
| Section | Review power is mentioned in Section 114 of the Civil Procedure Code of India (1908) and Article 137 of the Constitution (for the Supreme Court) | The provision of Revision is mentioned in Section 115 of the Civil Procedure Code of India (1908). |
| Type of Appeal | It is an intra-court provision, that is, it can be filed only in the court that passes the original decree. | It is an inter-court provision, that is, it is filed against the decision of one court in the other, higher-level court. |
| Applicability | The Review petition can only be filed if either no appeal has been filed earlier or appeal is not allowed by the judgment. | The Revision petition is filed in case of misuse of jurisdictions by a subordinate court. |
| Grounds | The court entertains a Review if any new evidence or erroneous misinterpretation of any fact is discovered. | The incident of any uneven or improper or unfair decree by the subordinate courts. |
| Scope | The court isn’t allowed to start the case afresh, it can only rectify the errors in the deliverance of justice. | The higher court can interfere only in a proven case of irregular, improper, or illegal use of power. |
| Instances | The Supreme Court agreed to review its verdict on Sabarimala Case. | A Revision was filed in Amir Hasan v. Sheo Baksh Singh. |
| Time Limit | Any such Review petition must be filed within a period of 30 days after the court’s decree is passed. | Any such Revision petition must be filed within a period of 90 days after the court’s decree. |
What is Review?
A Review petition can be filed by an aggrieved person if any new evidence or erroneous misinterpretation of any fact is discovered. Under this provision, the court has the right and power to reconsider its own judgment.
The provision is mentioned in Section 114 of the Civil Procedure Code and Article 137 of the Constitution (for Supreme Court). It is an intra-court provision and must be filed within a period of 30 days immediately after the judgment.
A Review is applicable when a person believes that he is aggrieved and:
- The order has been passed by a civil court and appeal is allowed but no appeal is filed before the filing of the review petition.
- The order has passed by a Civil court and no appeal exists/allowed.
The grounds entertained under a Review petition are:
- Detection of a new and crucial piece of evidence that could be produced at the time when the judgment was passed.
- If any loopholes in the records are sighted.
- Or any other reason that the court deems fit.
The court is allowed to correct significant errors and not minor/negligible mistakes. It cannot start the case again from scratch but can only rectify errors that occurred in the deliverance of Justice.
A Review petition is subject to some limitations:
- The order of a court on the application of Review (acceptance or rejection).
- The decree of court on a Review petition filed earlier.
What is Revision?
Revision is the power of a higher court to order records and facts from a subordinate court. In this case, the higher court has the power to revise the faulty judgment by its subordinate. It is an inter-court provision.
The provision is mentioned in Section 115 of the Civil Procedure Code. The petition can only be applicable if there is no appeal to the High Court and is filed within a period of 90 days after the judgment.
The higher court can call for records of a decree by any subordinate court if it appears that:
- The lower court has overused jurisdictions.
- The lower court has disused its jurisdictions.
- The court has acted in an unfair and illegal way.
The High Court can not interfere with the functions and procedures of subordinate courts until it is evident and proven that the judgment is capable of causing irrevocable trauma. The Court can’t correct any error of facts or of law, until the time the decision of the court falls out of its jurisdictions.
Main Differences Between Review and Revision
- The Review petition includes the re-examination of a case by the same court whereas the Revision petition challenges the decision of a civil court in another court that is placed at higher levels of the hierarchy of judiciary. Basically, Review is an intra-court provision whereas Revision is an inter-court provision.
- A review is filed when new and crucial evidence is discovered or when the court realizes some error in the analysis of facts whereas Revision is petitioned if the higher court realizes any misuse or disuse of powers and jurisdictions by a subordinate court.
- Review powers are mentioned in Section 114 of the Civil Procedure Code of India and in Article 137 of the Constitution (for the Supreme Court). Revision powers are documented in Section 115 of the Civil Procedure Code of India.
- Review may or may not be applied to judgments that are subject to appeal but Revision is only involved for cases that do not allow an appeal.
- The time limit to file a Review is 30 days while it is 90 days for filing Revision.
Conclusion
A Review is involved when a court realizes that certain pieces of evidence or facts were either neglected or absent at the time of judgment whereas Revision is involved when a higher court senses either overuse or disuse of jurisdiction by any of the subordinate courts. The Review petition must be filed within 30 days but a 90 day period is allowed to file Revision petition.
References
- https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/arzjl1982§ion=8
- https://digitalcommons.law.uw.edu/cgi/viewcontent.cgi?article=1985&context=wlr