What is the Difference Between 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.