According to the Code of Civil Procedure, 1908, once a party is aggrieved by the decree elapsed the court, he will approach the judicature, against the decree elapsed the court. Generally, below attractiveness, the full dispute is re-heard by the judicature. The higher courts have the appellate jurisdiction through which the cases are re-examined. In some cases where the right to appeal is not provided to the parties, CPC has introduced the concept of review for such matters.
Review
The wordbook or general that means of review is ‘to examine or to check again’. So, the review of judgment is to look at or study the facts and judgment of the case once more. Review of judgment is a substantive power of the court mentioned in Section 114 of CPC. This section doesn’t offer any limitations or conditions for review. the restrictions and conditions of review are provided under Order 47 of the Civil Procedure Code. Order 47 contains 9 rules that impose some conditions for the review.
In the case of Usha Ranee Banik v. Hardas[i], it absolutely was ascertained that Power of review is on the market only there’s a mistake apparent on the face of the record and not on the inaccurate call. A mistake apparent on the face of the record, can’t be outlined exactly and it’s to be determined judicially on the facts of every case.
Appeal
Section 96 to 112 of CPC provides for appeal in the civil cases. The term “appeal” is not defined in the civil code. Appeal is the power of the higher authorities to look upon and re-examine the cases decided by lower authorities. The right to appeal is not an inherent right but, it is a statutory right. This means that the right comes from the statute of appeal.
Appeal refers to re-hearing of the whole dispute in the higher court. This does not require the court to be High Court, the court of appeal can be trial court too. Appeal can be made as soon as the judgement is passed.
Conclusion
Both the powers of the courts are different and are mentioned under different provisions of CPC. The court has the power to revise or review the case accordingly. The powers of the court are in accordance with the circumstances. It also depends upon the cases. The powers are different from each other as in both the cases are looked after by the courts in different manners and by a different criterion. Appeal and review are different powers of the courts to decide the cases accordingly. To look upon a matter more keenly and carefully, it is necessary for the courts to take the steps required.
|
S. No |
Heads |
Review |
Appeal |
|
1. |
Meaning |
Review means to reconsider, to look again or to re-examine. In legal sense, it is a judicial re-examination of the case by the same court and by the same Judge. |
It is an application or petition to appeal to higher Court for consideration of the decision of lower court. It is the power of the court to re-examine a matter |
|
2. |
Object |
To rectify any error made in an order resulting in affecting the interest of a party. The same court and same judge review the judgement. |
The appellate courts can re-examine the questions of fact and law and may even re-appreciate evidence. The powers of the first appellate court are co-extensive with those of the civil court of original jurisdiction of any other court. |
|
3. |
Provision |
Review is provided under section 114 of Cpc. |
Revision is provided under section 96 of Cpc. |
|
4. |
Grounds |
1. Discovery of new and important matter or evidence. Such evidence must be: – 2. Mistake or error 3.Other sufficient reason. |
1. There is a case decided by a subordinate Court in which no appeal lies to the High Court. 2. Any party to the suit, is adversely affected by the decree or the transferee of interest of such party has been adversely affected by the decree provided his name was entered into record of suit. |
|
5. |
Conditions arises when |
No right of appeal is allowed to an aggrieved party, he can file a review application. |
The aggrieved party is not satisfied with the decision of lower court or when substantial question of law arises |
Edited by Pushpamrita Roy
Approved & Published – Sakshi Raje
Reference
[i]AIR 2005 Gau 1
