The distinction between the appeal and revision.

The distinction between the appeal and revision

Appeal: Appeal is a process of re-examination of the judgment and decree, or order or the decisions passed by the original court is a suit or in a case. The expression “appeal” has not been defined in the code, but it may be defined as “the judicial examination of the decision by a higher court of the decision of an inferior court”.

Revision: Revision is re-working and re-writing. Revision, meaning "to see again," takes place during the entire writing process as we change words, rewrite sentences, and shift paragraphs from one location to another in our essay. Revision means the action of revising, especially critical or careful examination or perusal with a view to correcting or improving.

The distinction between the appeal and revision in the following:

(1) An appeal lies to a superior court, which may not necessary be a High Court, while a revision application under the code lies only to the High Court.

(2)An appeal lies only from the decrees and appealable order, but a revision application lies from any decision of a court subordinate to the High Court from which no appeal lies to the High Court or to any subordinate court.

(3)A right of appeal is a substantive right conferred by the statute, while the revisional power of the High Court is purely discretionary.

(4)An appeal abates if the legal representatives of a deceased party are not brought on record within the prescribed period. A revision application however does not abate in such case. The High Court may at any time bring the proper parties on the record of the case.

(5)The grounds for an appeal and revision application are also different. An appeal lies on a question of fact or law or of fact and law, while a revision application lies only on the ground of jurisdictional error.

(6)In case of appeal the memorandum of appeal must be filed before the appellate court by the aggrieved party, but filing of an application is not necessary in case of revision.

(7)Ordinarily appellate jurisdiction involves rehearing on question of law as well as on facts of the case whereas revisional jurisdiction involves only the question of law and this jurisdiction is never considered a rehearing.

(8)An appeal is considered to be a consideration of the original proceeding whereas unlike appeal revisional is not the constitution of the original proceeding.

(9)An appeal is a right based remedy and can be claimed as of right if there is statutory existence of it, where the revision is the purely discretionary remedy and cannot be claimed as of right.