Difference Between Appeal and Revision

Appeal and Revision are the two different legal terms that fall under the jurisdiction exercised by the courts. These are the powers the court practice to look into a case that is already concluded for the convenience of the petitioner.

Key Takeaways

1. An appeal is a legal process in which a higher court reviews the decision of a lower court to determine whether errors were made during the trial or legal proceedings; a revision is the re-examination of a case by the same court that delivered the judgment, usually to correct errors or address new evidence.
2. Appeals involve moving the case to a higher authority, while revisions occur within the same court that initially heard the case.
3. Both appeals and revisions serve to review and potentially alter legal decisions. Still, appeals rely on a higher court’s judgment, while revisions focus on the original court’s re-examination of the case.

Appeal vs Revision

An appeal is a legal process that allows a party to challenge a court’s decision by asking a higher court to review the decision and determine whether it was made correctly. Revision is a legal process that allows a party to request that a court re-examine its own decision, based on new evidence.

An appeal is a complaint made to the superior court against the judgment of a lower court. In contrast, revision is an act of re-examination to eliminate any flaws or non-exercise of jurisdiction by a lower court.

An appeal is a Civil Procedure Code complaint made to check the solidity of a lower court decision by a superior court. A request can be filed against an original statute or proclamation passed in appeal.

Revision is the power of the High Court to re-work and re-write the conclusion made in the subordinate court. It means carefully examining the prosecution to improve or rectify the judgment.

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Comparison Table

Parameters of Comparison	Appeal	Revision
Section	Under Sections 96 to 112 of the Civil Procedure Code and Section 382 of the Criminal Procedure Code, an appeal is exercised.	Under Section 115 of the Civil Procedure Code and Section 397 of the Criminal Procedure, Code revision is exercised.
Court	Courts look upon cases with higher power than those who delivered the previous verdict.	The High Court is allotted the power of revision of any case.
Jurisdiction practiced by the Court	Appellate Jurisdiction	Revisional Jurisdiction
Examination of cases based on	Based on the point of ordinance and evidence.	The cases are examined based on the legal jurisdiction.
The necessity of being heeded	An appeal hearing is significant.	A hearing is not necessary for revision; it is the counter review of the verdict.
Rights of the solicitor	It is the legal right of the solicitor.	Revision has no right, but it is an optional power of the High Court.

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What is Appeal?

The higher courts exercise an appeal under Sections 96 to 112 of the Civil Procedure Code and Section 382 of the Criminal Procedure Code. An appeal allows the solicitor to be heard again by a higher court which may oversee a new verdict.

There is no accurate definition of an appeal in the Civil Procedure Code. In simple word, an appeal mean an aggrieved or unsuccessful solicitor in a case agrees to take the case to a superior court to pursue correction of a ruling made by a lower court.

When a solicitor thinks that the ruling made in the lower court was unfair, the solicitor can file an appeal to the superior court and look upon the errors made in the previous court.

The court where an appeal is heard is called an Appellate court, which falls under the appellate jurisdiction. It is the legal right of the solicitor.

Under the Civil Procedure Code, there are two types of Appeals:

1. First Appeal: The first appeal is filed in an appellate court in the district and is accessible as a matter of right on any basis involving the issue.
2. Second Appeal: The second appeal is filed against the appellate court’s decision. After the first appeal, when there is no reply has been received or when the judgment passed in the appellate court can be questioned if the case involves a significant concern of law.

 

What is Revision?

Under Section 115 of the Civil Procedure Code and Section 392 of the Criminal Procedure Code, revision is exercised. Sometimes, some speculations are made illegally, or the practice of Jurisdiction is made irregularly by lower courts.

To check the legal actions and re-examine them, a revision is practiced. In simple terms, revision is to change the decision already made.

It is an optional power of the High Court, unlike an appeal. The High Court authorizes whether to examine a case or not.

A revision’s goal is to ensure that legal procedures without any errors are exercised in the lower court while delivering the verdict. Its main aim is to check and correct the lower court’s errors.

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Main Differences Between Appeal and Revision

1. An appeal is a legal right of an appellant, whereas revision depends on the choice of the court, so it cannot be claimed as a right, but it is an optional power of the High Court.
2. In an appeal, a superior court hears a case before the lower court in which the case was handled, whereas revision is heard only in the High Court.
3. In an appeal, a hearing of the case is significant, whereas the hearing of a case is not essential in a revision.
4. An appeal must be filed by an appellant, whereas revision can also be practiced On its own by the higher court, which possesses the power of revision.
5. None appealable decrees are exercised in revision.
6. The original proceeding is continued in an appeal, whereas continuance does not occur in Revision.

References

1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/washlr44&section=26
2. https://www.jstor.org/stable/40237094
3. https://academic.oup.com/ajcl/article-abstract/50/1/201/2571661
4. https://brill.com/view/book/9789004251038/B9789004251038-s033.xml