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. however, in cases wherever there are technical/procedurals errors, the aggrieved party needn’t take the pain of approaching the upper court for researching the effort of contesting another suit that is within. For this identical purpose, the Code of Civil procedure has introduced the concepts known as Review and Revision below Sections, 114 & 115 severally. Associate degree application for Reference, Review and Revision may be filed within the involved courts as provided by the Code and therefore the proceedings below these applications don’t influence deserves (facts or evidence) of the case.
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 that the 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.
Revision
The term “revision” is not defined under CPC but, Section 115 is related to revision. Revision is the power of the High Court to revise the cases decided by the courts subordinate to it. This jurisdiction of the High Court is known as Revisional Jurisdiction of the High Court. The power of revision of court is optional and not a compulsory one.
There are some conditions in which revisional jurisdiction is exercised. The case must be decided by the subordinate court. There should be no remedy of appeal be exercised. In the case of Major. S.S. Khanna v. Brig. F.J. Dillion[ii], Supreme Court held that, when any other remedy is available, the court may not exercise it’s revisional jurisdiction.
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.
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S. No |
Heads |
Review |
Revision |
|
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. |
Revision means the high court is revising the judgement of any case decided by a subordinate Court in certain circumstances. With a view to correcting or improving the judgement.
|
|
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. |
Any illegality, irregularity or impropriety coming to the notice of High court has the jurisdiction to the High Court to examine the records relating to the ‘’any order’’ and/or proceedings is capable of being corrected by the High Court. |
|
3. |
Provision |
Review is defined under section 114 of Cpc. |
Revision is defined under section 115 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. Subordinate Court while deciding a case appears to be: – (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
|
|
5. |
Conditions arises when |
No right of appeal is allowed to an aggrieved party, he can file a review application. |
No right of appeal is allowed to a party, he can file a revision application. |
Edited by Pushpamrita Roy
Approved & Published – Sakshi Raje
Reference
[i]AIR 2005 Gau 1
[ii]Major. S.S. Khanna v. Brig. F.J. Dillion,1964 AIR 497
