Review, Revision, Appeal in CPC and CrPC : Complete Analysis

review revision appeal cpc crpc

In the Indian legal system, Review, Revision, and Appeal are different remedies available to parties who have been aggrieved by a judicial order in both civil and criminal law.

  1. Review in Civil Law: In civil law, review is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. The procedure for filing a review in civil law is provided under Section 114 of the Code of Civil Procedure, 1908.

According to Section 114, any person considering himself aggrieved by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, may apply for a review of the decree or order to the court which passed the decree or made the order. The review can only be sought on the grounds of discovery of new and important matter or evidence, which was not within the knowledge of the applicant or could not be produced by them in the original proceedings.

It is important to note that the scope of review under Section 114 is limited and does not extend to re-examination of the evidence or re-appreciation of facts that were considered by the court in the original proceedings. The review proceedings are summary in nature and are not intended to be a substitute for an appeal. They are designed to correct judicial errors that may have occurred in the original proceedings, and not to re-adjudicate the matter afresh.

  1. Revision in Civil Law: In civil law, revision is a legal remedy that allows a superior court to examine the legality and propriety of an order passed by a subordinate court. The procedure for filing a revision in civil law is provided under Section 115 of the Code of Civil Procedure, 1908.

According to Section 115, the High Court may call for the records of any case which has been decided by any court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate court appears-

(a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity.

In other words, a revision can be filed in the High Court if the subordinate court has exercised a jurisdiction not vested in it by law, failed to exercise a jurisdiction vested in it, or acted illegally or with material irregularity in the exercise of its jurisdiction.

  1. Appeal in Civil Law: In civil law, appeal is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. The procedure for filing an appeal in civil law is provided under Section 96 to Section 105 of the Code of Civil Procedure, 1908.

According to Section 96, an appeal lies to the High Court from any decree passed in appeal by any court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. In other words, an appeal can be filed in the High Court if the case involves a substantial question of law and the subordinate court has passed a decree in appeal.

  1. Review in Criminal Law: In criminal law, review is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. The procedure for filing a review in criminal law is provided under Section 397 of the Code of Criminal Procedure, 1973.

According to Section 397, a person can apply for a review of any order made in any criminal proceeding if he considers himself aggrieved by the order. The review can only be sought on the grounds of discovery of new and important matter or evidence, which was not within the knowledge of the applicant or could not be produced by him in the original proceedings

It is important to note that the scope of review under Section 397 is limited and does not extend to re-examination of the evidence or re-appreciation of facts that were considered by the court in the original proceedings. The review proceedings are summary in nature and are not intended to be a substitute for an appeal. They are designed to correct judicial errors that may have occurred in the original proceedings, and not to re-adjudicate the matter afresh.

  1. Revision in Criminal Law: In criminal law, revision is a legal remedy that allows a superior court to examine the legality and propriety of an order passed by a subordinate court. The procedure for filing a revision in criminal law is provided under Section 397 and Section 401 of the Code of Criminal Procedure, 1973.

According to Section 397, a person can apply for a revision of any order made in any criminal proceeding if he considers himself aggrieved by the order. The revision can only be sought if the order is considered to be illegal or improper. The power of revision under Section 397 is exercised by the High Court in cases where the subordinate court has passed an order in a criminal proceeding.

  1. Appeal in Criminal Law: In criminal law, appeal is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. The procedure for filing an appeal in criminal law is provided under Section 372 to Section 376 of the Code of Criminal Procedure, 1973.

According to Section 372, an appeal lies from every conviction, sentence, or order of any Criminal Court, except in cases where the sentence is a sentence of death or of transportation for life or of imprisonment for life. In other words, an appeal can be filed in a higher court if the subordinate court has passed a conviction, sentence, or order in a criminal proceeding, except in cases where the sentence is a sentence of death, transportation for life, or imprisonment for life.

In conclusion, Review, Revision, and Appeal are different remedies available in the Indian legal system to challenge the correctness of a judicial order passed against a party. The procedure for filing each remedy and the scope of their powers differ in civil and criminal law. It is important to understand the differences and limitations of each remedy to effectively navigate the Indian legal system and seek justice.

Difference between Review, Revision and Appeal?

In the Indian legal system, Review, Revision, and Appeal are different remedies available to parties who have been aggrieved by a judicial order.

  1. Review: Review is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. It is filed in the same court that passed the order and can only be sought on the grounds of discovery of new and important matter or evidence, which was not within the knowledge of the applicant or could not be produced by them in the original proceedings.
  2. Revision: Revision is a legal remedy that allows a superior court to examine the legality and propriety of an order passed by a subordinate court. It is filed in a higher court and can be sought on the grounds of error of law or of fact, which is apparent on the face of the record.
  3. Appeal: Appeal is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. It is filed in a higher court and can be sought on various grounds such as error of law, error of fact, or even to re-examine the evidence and facts that were considered by the lower court.

In conclusion, Review, Revision, and Appeal are different remedies available to parties who have been aggrieved by a judicial order. Review is filed in the same court that passed the order and can only be sought on the grounds of discovery of new and important matter or evidence, while Revision is filed in a higher court and can be sought on the grounds of error of law or of fact. Appeal is also filed in a higher court and can be sought on various grounds such as error of law, error of fact, or to re-examine the evidence and facts. It is important for parties to understand the differences between these remedies in order to choose the appropriate remedy that best suits their needs.

At Century Law Firm, our team of experienced lawyers has a deep understanding of the complexities involved in Review, Revision, and Appeal cases in both Civil and Criminal Law. Our lawyers are well-versed in the latest legal provisions and have a successful track record of handling such cases. Our approach is to provide personalized attention to each of our clients and to devise a strategy that is tailored to their specific needs. We are committed to achieving the best possible outcome for our clients and work tirelessly to ensure that their rights are protected and their interests are represented effectively in the legal system. Whether you are seeking to challenge a judicial order or seeking justice in a criminal case, Century Law Firm is the right choice for you. With our years of experience and expertise in the field, we are confident in our ability to provide the highest quality of legal representation to our clients.

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