Distinguish between the following: Revision and Appeal

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2019
Distinguish between the following: Revision and Appeal

Answer & Explanation:

Revision: Revision is not a continuation of the suit, but is altogether a separate proceeding. Hence a fresh 'vakalatnama' would be necessary to enable the advocate to file the petition for revision. Section 115 of the Code of Civil Procedure, 1908, empowers a High Court to entertain a revision in any case decided by a subordinate Court in certain circumstances. This jurisdiction is known as revisional jurisdiction of the High court. Unlike the appeal, revision is not a statutory right. The superior court therefore can decide to examine or not examine a decision made by a lower court. The main primary purpose of a revision is to make sure that justice has been administered properly and also to correct any errors that could have led to improper justice. Appeal: In simpler terms, appeal is the process in which an unsuccessful party in a case decides to take the case to a higher court to seek for reversal of a decision made by a lower court. The party that files an appeal believes that there were errors made either on the laws or facts raised. Although "Appeal" has not been defined in the Code of Civil Procedure, 1908 yet any application by a party to an appellate Court, asking it to set aside or revise a decision of a Subordinate Court is an "appeal". A right of appeal is not a natural or inherent right but is a creature of a statute. It is the statute alone to which the Court must look to determine whether a right of appeal exists in a particular instance or not. Parties cannot create a right of appeal by agreement or mutual consent. Appeal from original degree is known as first appeal. Second appeal means the appeal from the decree or judgement from the appellate Court.

Topics: Civil Procedure

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