Scribd
Upload
287 views3 pages

What Are The Differences Between Revision and Appeal

The key differences between revision and appeal are: Revision is filed with the High Court and challenges any decision of a subordinate court based on lack of jurisdiction, failure to exercise proper jurisdiction, or illegal/irregular exercise of jurisdiction. Appeal is filed with a superior court and challenges only appealable decrees/orders, raising questions of fact and law. While appeal is a substantive right, revision is at the High Court's discretion.

Uploaded by

Zeesahn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
287 views3 pages

What Are The Differences Between Revision and Appeal

The key differences between revision and appeal are: Revision is filed with the High Court and challenges any decision of a subordinate court based on lack of jurisdiction, failure to exercise proper jurisdiction, or illegal/irregular exercise of jurisdiction. Appeal is filed with a superior court and challenges only appealable decrees/orders, raising questions of fact and law. While appeal is a substantive right, revision is at the High Court's discretion.

Uploaded by

Zeesahn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

What are the Differences

between Revision and Appeal?


Differences between Revision and Appeal are as follows:

Revision:
The High Court may call for the record 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:

(1) To have exercised a jurisdiction not vested in it by law, or

2) To have failed to exercise a jurisdiction so vested, or

(3) To have acted in exercise of its jurisdiction illegally or with material irregularity.

The High Court may make such order in the case as it thinks fit.

Proviso to Sec. 115, lays down that no revision application shall lie against an
interlocutory order unless either of the two conditions is satisfied namely:

1) that if the orders were made in favour of the applicant it would finally dispose of the
suit or other proceedings; or

2) That the order, if allowed to stand, is likely to occasion a failure of justice or cause an
irreparable injury.

2. The High Court shall not, under this section, vary or reverse any decree or order
against which an appeal lies either to the High Court or to any Court subordinate thereto

The following conditions must be satisfied before the revisional jurisdiction can be
exercised by the High Court-

(i) A case must have been decided by the Court subordinate to the High Court.

(ii) The order should not be an appealable one; and


(iii) The subordinate Court must have-

(a) Exercised jurisdiction not vested in it by law; or

(b) Failed to exercise jurisdiction vested in it; or

(c) Acted in the exercise of its jurisdiction illegally or with material irregularity.

A. Instances where a subordinate Court exercise jurisdiction not


vested in it by Law:
(i) where the lower Court assume jurisdiction which it does not possess on account of
the pecuniary or territorial limits by reason of the subject matter of the suit;

(ii) entertains an appeal from an order which is not appealable;

(iii) Grants an injunction without considering whether a prima facie case is I made out.

B. Instances where a subordinate Court failed to exercise jurisdiction


vested in it:
(i) Refusal by the Court to summon the deponent of an affidavit for cross- examination;

(ii) Failure of the executing Court to construe the decree;

(iii) Rejection of a counter claims on the ground that the original suit is dismissed for
default.

C. Instances where a subordinate Court acted in the exercise of its


jurisdiction illegally or with material irregularity:
(i) Where it decides a case without considering the evidence on record;

(ii) Decides a case without recording reasons for its judgement;

(iii) Follow a decision which does not apply to the facts of the case.

The period of limitation for preferring a revision application is ninety days from the date
of decree or order sought to be revised is passed.
Appeal:
1. Appeal lies to a superior Court, which may not necessarily be a High Court.

2. An appeal lies only from the decrees and appealable orders.

3. A right of appeal is a substantive right conferred by the statute.

4. An appeal abates if the legal representatives of deceased parties are not brought on
record within the prescribed period.

5. An appeal lies on question of fact and law.

6. An appeal must be filed before the appellate Court by the aggrieved party.

1. A revision application under the Code lies only to the High Court.

2. A revision application lies from any decision of a Court subordinate to the High Court.

3. The revisional power of the High Court is purely discretionary.

4. A revision application, however, does not abate in such cases.

5. A revision application lies only on the ground of jurisdictional error.

6. Filing of an application is not necessary in revision.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy