An appeal refers to a legal process of applying to a superior court for reconsideration of a decision, judgement or order, given by a subordinate court. It is a well-known fact that the right to appeal is not a natural one, rather it is an inherent right to the litigation process.
On the contrary, a revision implies the act of re-examining a case, so as to make it defect free or grant some relief in case of improper exercise or failure to exercise jurisdiction by a subordinate court.
The basic difference between appeal and revision is that while the appeal is a continuation of a suit, revision is not. Let’s move further to understand some more differences between these two.
Content: Appeal Vs Revision
|Basis for Comparison||Appeal||Revision|
|Meaning||Appeal refers to a request made to a superior court, to review the decision given by a subordinate court.||Revision refers to the act of revising, i.e. re-examining and amending, with a view to correct a decision and make it just and fair.|
|How many times it is allowed?||Multiple||Only one|
|What is it?||Substantive Right||Discretionary power of the court|
|Where Preferred?||Superior Court, which can be a district court or high court.||High Court|
|Who can apply?||Party to suit||Party to suit and court can also apply suo moto|
|Involves||Court Hearing||Rewriting and Reworking|
|Against||Decree and appealable orders.||Decision passed by the subordinate court.|
|Abatement||Abates on the death of the aggrieved party, if the legal representative fails to bring on records within the prescribed time.||Revision petition continues even if the party who applied for it, dies meanwhile.|
|Grounds||An appeal can be made on the grounds of the question of law and fact.||A revision can be made on the grounds of jurisdictional error.|
Definition of Appeal
An appeal can be understood as the legal process through which one can apply for to of his/her case when they seek a formal change in the decision already made by the court. It is not just helpful for rectifying the errors made, if any in the decision, but also for clarifying or interpreting the law. It is an inherent right conferred by the statute.
In finer terms, appeal implies the plea application brought to a superior court/authority, to review the decision made by the subordinate court or authority.
It is often made when the party who lost the case or who is not satisfied with the decision given by the lower court to be reviewed by the higher court.
A basic rule is that parties to appeal cannot produce additional documents, i.e. neither oral nor documentary as it is not a trial, hence it does not give a chance to the party making an appeal to add new dimensions or give a new direction to the case.
Nevertheless, the appellate court has the power to allow additional evidence but in certain circumstances only.
Types of Appeal
Definition of Revision
Revision refers to a petition filed by any party to suit or the court to re-examine the decision, so as to remove any errors or grant relief. In a revision, the High courts have the right to ask for a record of any case, on which decision is made by any subordinate court and in which no appeal is made by the parties concerned when it is observed that the subordinate court:
- Have exercised an area of authority which is not conferred on it as per law.
- Non-exercise of a jurisdiction, which is conferred on it.
- Have executed the powers conferred to it, but illegally or with material irregularity.
Therefore, the Highcourt may revise the orders, as it deems fit, subject to the High Court should not vary or reverse any order given in this regard or any order giving a verdict on the issue concerning the suit except in the case when the order is given in the favour of the party who applied for revision would have finally settled the matter.
In a revision, the High Court is empowered to re-examine the proceedings of the lower court, carried out as per law, within their jurisdiction, so as to promote justice. Moreover, the high court also possesses the power to correct the jurisdictional errors (if any) made by the subordinate court.
Key Differences Between Appeal and Revision
The difference between appeal and revision can be drawn clearly on the following grounds:
- An appeal is when the facts and evidence are re-argued or considered, to arrive at a different outcome or say decision. On the other hand, Revision is when a higher court looks into the matter closely, on which decision is given by a lower court, and make necessary corrections as to jurisdiction.
- While appeal involves a court hearing, revision encompasses rewriting and reexamination of the case.
- An appeal can be made more than once, whereas a revision can be made only once.
- An appeal is a substantiative right, i.e. a right conferred by the statute. On the contrary, revision is the discretionary power of the high court, with regard to acceptance or rejection of a petition for revision.
- An appeal is made to the superior court, which can be a district court or high court. Conversely, a revision petition is filed to the high court, for the decision made by the lower court working under that high court.
- The first appeal is against original decree or order, and the second appeal is against the appellate decree. One thing is to be noted that here order refers to appealable order, and not non-appealable order. In contrast, Revision is against the decision made by a lower court.
- An appeal can be made on the grounds of the question of law and fact. On the contrary, a revision can be made on the grounds of jurisdictional error.
- An appeal abates on the death of the aggrieved party if the legal representative fails to bring on records within the prescribed time. In the case of revision, if the party dies during the pendency of the revision petition, then also it will continue.
- The application for appeal is made by the party to suit only, whereas the petition to revision is made by the party to suit and court suo-moto, i.e. on its own motion.
To sum up, an appeal is a petition against the decision made by the court of law which is always made to a higher court and not to the court on a similar level. On the contrary, revision is to revise, alter or amend, i.e. correct or alter a decision which is made by a lower court. It involves perusal so as to correct or improve the decision/order.