(1) Introduction:-
Equal justice is a constitutional right of every person. Sometimes a party has to be involved in the litigation, whether directly or indirectly. In that situation, they often use the legal terms appeal and revision.
But sometimes, a party does not know the difference between appeal and revision in legal terms.
This article discusses the difference between appeal and revision in legal terms, which can help us understand what kind of remedies are available after the lower court gives the judgment in the case.
(2) What is appeal?
The word appeal is not specifically defined in the legal definition of the law. According to the Civil Procedure Code of 1908, sections 96 to 112 deal with the appeal. According to the Criminal Procedure Code,1974, sections 372 to 394 deal with an Appeal.
Now, after a discussion of the above section and its provisions. In simple words, we can say an appeal means such a type of legal proceeding of re-examination of a case which has already been decided by the lower court.
Generally, the aggrieved party, unsatisfied with the order or judgment given by the lower court, can file an appeal to the higher court by filing a petition to review such an order.
The higher court can proceed to re-examine the judgment or order of the lower court. Here, the applicant party is an appellant, and the higher court is the appellate court.
The appellant can file a petition for the revision or modification of the lower court decision if such is given by any error of the law. We can say that an appeal is a statutory right of every affected party in the case who has the right to file an appeal.
The appellate court cannot reject an appeal without considering the merits according to the law. Here, the court may consider the case on the basis of facts and the law, or both.
At the stage of appeal, the party is not allowed to create a new case and can pray only against the judgment of the previous case decided by the lower court.
Therefore, the appellant court does not allow a party to submit any additional evidence in terms of oral or documentary. However, the appellant court has the power to allow such kind of evidence in special circumstances of the case.
(3) What is revision?
According to the Civil Procedure Code,1908, Section 115 deals with revision. The Criminal Procedure Code, 1974, Sections 372 to 402 deal with revision.
In simple words, we can say revision means a legal proceeding for the examination of the order to rectify the error, defect, or any irregularity.
Here, the notable thing is that, in the matter of the revision, the higher court can consider the case only on the grounds of the matter of the law.
The revision petition can be filed by any party in the case. However, filing a revision petition is not a statutory right of a party like an appeal. The higher court has full authority to accept the petition and consider and examine the case or not.
Here, we can say that the main objective of the revision is to remove any legal error in the decision or order made by the lower court.
(4) Difference between appeal and revision:
As per the provisions of sections of the Civil Procedure Code, 1908, and Criminal Procedure Code, 1974, in legal terms, some differences between appeal and revision are given below.
(1) An appeal is a statutory legal right of every affected party in the case. However, revision is a discretionary power of the court that is given to the High Court by the legislative authority.
(2) In the case of an appeal, a litigant can file in more than one court, while in a revision, he can file only at once.
(3) An appeal can be laid on the grounds of law and fact. But a revision can be filed on the grounds of the matter law.
(4) An appeal can be filed by any affected party in the case. In contrast, A revision may be filed by the party of the case and may also be filed by the court as a suo motu revision.
(5) The appeal can be abated if the aggrieved party dies during the appeal and his legal representative does not come on record as per the provisions of the Limitation Act.
But in the case of a revision, it will continue if the aggrieved party dies during the pendency.
(6)The first appeal can be filed against the judgment or decree. The second appeal can be filed against the appellant decree. If such an order declares an appealable, if such an order is non-appealable, it can not be filed the second appeal against that order.
In contrast, a revision can be filed against the decision, which is a verdict by the lower court.
(7) An appeal can be filed to the higher authority court of the lower court, which may be a district court or high court. A revision can be filed to the High Court under the jurisdiction covered by the High Court of the lower court.
(8) A revision can be filed against the order, which is declared as non-appealable.
(9) In the case of an appeal, the petitioner can be heard by the court, while in the case of a revision, the court only looks into the re-examination of the case judicially.
(5) Conclusion:
After the above discussion of the difference between appeal and revision, we can say that these are the most considerable stages of every litigation related to civil or criminal cases.
Through this stage, the applicant party may be able to properly and effectively defend their case in the appellate court. Through different types of differences between appeal and revision, an appellant has a better option of choosing the appropriate stage to make a defensive prayer in the appellant court.
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