The powers are vested in the courts to look upon a case which is already decided. The powers are revision, review and appeal. All the three terms are different and have different purposes. The powers can be exercised in criminal as well as in civil cases. The exercise of powers under civil cases is provided under the provisions of Code of Civil Procedure, 1908.
Revision
The term “revision” is not defined under CPC but, Section 115 is related to revision. Revision is the power of the high court to revise the cases decided by the courts subordinate to it. This jurisdiction of the High Court is known as Revisional Jurisdiction of the High Court. The revisional power of court is optional and not a compulsory one.
There are some conditions in which revisional jurisdiction is exercised. The case must be decided by the subordinate court. There should be no remedy of appeal be exercised. In the case of Major. S.S. Khanna v. Brig. F.J. Dillion[i], Supreme Court held that, when any other remedy is available, the court may not exercise it’s revisional jurisdiction.
Appeal
Section 96 to 112 of CPC provides for appeal in the civil cases. The term “appeal” is not defined in the civil code. Appeal is the power of the higher authorities to look upon and re examine the cases decided by lower authorities. The right to appeal is not an inherent right but, it is a statutory right. This means that the right comes from the statute of appeal.
Appeal refers to re-hearing of the whole dispute in the higher court. This does not require the court to be High Court, the court of appeal can be trial court too. Appeal can be made as soon as the judgement is passed.
Difference between Appeal and Revision
There are various points under which appeal and revision differ from each other.
|
POINT OF DIFFERENCE |
APPEAL |
REVISION |
|
|
|
|
|
SECTIONS |
It is provided from section 96 to 112 of Criminal Procedure Code |
It is provided in section 115 of Criminal Procedure Code |
|
COURT INVOLVED |
Any court with higher authority than the one in which judgement is passed |
The power of revision of a case lies only in the High Court |
|
RIGHTS OF PARTIES |
Statutory rights |
No such rights, discretionary power of the court |
|
JURISDICTION EXERCISED BY THE COURT |
Appellate jurisdiction |
Revisional jurisdiction |
|
BASIS OF EXAMINATION |
One the basis of point of law and facts |
One the basis of jurisdiction |
|
NECESSITY OF BEING HEARD |
Hearing is important |
It is the counter check of the decisions; hearing is not necessary |
Case laws
In the case of Lachhman Dass v. Santokh Singh[ii], the Supreme Court held:
“…an appeal is a continuation of a suit or proceedings wherein the entire proceedings are again left open for the consideration by the appellate authorities which has power to review the entire evidence subject, of course, to the prescribed statutory limitations. But in the case of revision whatever powers the revisional authority may have, it has no power to reassess and reappreciate the evidence unless the statute expressly confers upon it that power. That limitation is implicit in the concept of revision.”
In the case of State of Kerala v. K.M. Charia Abdullah & Co.[iii], it was observed by the Supreme Court that:
“An appeal is a continuation of the proceedings; in effect the entire proceedings are before the Appellate Authority and it has the power to review the evidence subject to the statutory limitations prescribed. But in the case of revision, whatever powers the revisional authority may or may not have, it has not the power to review the evidence unless the statute expressly confers on it that power. That limitation is implicit in the concept of revision.”
In the case of Hari Shanker v. Rao Girdhari Lal Chowdhury[iv], the Supreme Court highlighted the difference between appeal and revision as under:
“The distinction between an appeal and a revision is a real one. A right of appeal carries with it a right of rehearing on law as well as fact, unless the statute conferring the right of appeal limits the rehearing in some way as, we find, has been done in second appeals arising under the Code of Civil Procedure. The power to hear a revision is generally given to a superior court so that it may satisfy itself that a particular case has been decided according to law.”
Conclusion
The terms appeal and revision are both for providing a better way of justice to the parties. Both have their own applications and procedures. The difference in the proceedings of the courts are also present. The differences have been efficiently carved out by the judgements of the Supreme Court which show that both have considerable distinctions.
Edited by Pushpamrita Roy
Approved & Published – Sakshi Raje
Reference
[i] Major. S.S. Khanna v. Brig. F.J. Dillion, 1964 AIR 497
[ii] Lachhman Dass v. Santokh Singh, (1995) 4 SCC 201
[iii] State of Kerala v. K.M. Charia Abdullah & Co., AIR 1965 SC 1585
[iv] Hari Shanker v. Rao Girdhari Lal Chowdhury, AIR 1963 SC 698
