Before we proceed to understand the difference between review, revision and appeal under Civil Procedure Code, 1908, let’s look at the Bare Act.
Review is a provision under Section 114, which states:
Subject as aforesaid, any person considering himself aggrieved-
by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,
by a decree or order from which no appeal is allowed by this Court, or
by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
Dictionary meaning of the word review is an act of carefully looking at or examining the quality or condition of something or someone: examination or inspection. As per Black’s Dictionary, a review is “to re-examine judicially. A reconsideration; second view or examination; revision; consideration for purposes of correction.”
Review is be filed by the aggrieved in the same court where the order or decree is passed. It is a discretionary right of the court and not statutory right. According to section 114 of CPC, any person aggrieved by a decree or order from which an appeal is allowed but not filed, or a decree or order from which no appeal is allowed, can file a review petition in the same court which passed such decree or order on the following grounds:
- When new and important matter or evidence is discovered which after the exercise of due diligence was not within his knowledge, or could not be produced by him at the time when the decree or order was passed;
- When there is any mistake or error apparent on the face of the record;
- When there is any other sufficient reason.
There is not provision of reviewing an order already reviewed, unlike an appeal where there is a provision of second appeal. Review is dealt with under Section 114 and Order 47 of the CPC .
Review by the Supreme Court:
Article 137 of the Constitution confers power on the Supreme Court to review its own judgments subject to the provisions of any law made by Parliament or the Rules made under clause (c) of Article 145. The power of the Supreme Court, therefore, cannot be curtailed by the Code of Civil Procedure.
Ram Singh and Others v Union of India Writ Petition 274 OF 2014, Civil Original Jurisdiction, Writ Petition No 274 OF 2014, Supreme Court of India judgement dated March 17, 2015
Lily Thomas vs Union Of India & Ors. on 5 April, 2000, Equivalent citations: 2000 (2) ALD Cri 686, 2000 (1) ALT Cri 363, 2001 (1) BLJR 499, 2000 CriLJ 2433, II (2000) DMC 1 SC, JT 2000 (5) SC 617, 2000 (4) SCALE 176, (2000) 6 SCC 224, 2000 (2) UJ 1113 SC
Revision is defined under section 115 of CPC as
[(1)] The High Court may call for the record of an 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, the High Court may make such order in the case as it thinks fit :
[Provided that the High Court shall no, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where
(a) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings, or
(b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.]
[(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.
Explanation.In this section, the expression “any case which has been decided” includes any order made, or any order deciding an issue in the course of a suit or other proceeding.]
The dictionary definition of revision is “a change or a set of changes that corrects or improves something”. Per Black’s Law dictionary it is “a re-examination or careful reading over for correction or improvement.”
Revision means re-examination of cases which involve the illegal assumption, non-exercise or irregular exercise of Jurisdiction. Revisional jurisdiction does not confer any substantive right, and the right of revision is merely a privilege granted to an aggrieved. In Revision the court can interfere, if the case brought before it is a decided case by subordinate court, and when the same is not appealable. If this condition is fulfilled, the revisional court may interfere to check, where the subordinate court has:
(a) exercised a jurisdiction not vested in it, or
(b) failed to exercise a jurisdiction vested in it, or (c) acted in exercise of its jurisdiction illegally or with material irregularity.
The power of revision is exercised by the court superior to the court which decided the case, thus only High Court has this power and no appeal lies from an order made in the exercise of revisional jurisdiction.
Gurudassing Nawoosing Panjwani v The State of Maharashtra and Others, Civil Appeal Jurisdiction, Civil Appeal No 5102 OF 2006, Supreme Court of India judgment dated November 6, 2015
Under CPC, 1908, there is an entire part VII on appeals comprising of sections 96 to 112, however the expression appeal has not been defined in the Code of Civil Procedure 1908. Right to First appeal is a substantive right but Second appeal is only allowed on substantial question of law. Appeal means the removal of a cause from an inferior court to a superior one for the purpose of testing the soundness of the decision of the inferior court. Superior court need not be High Court but may be a District Court.
Appeal is the continuation of the original proceedings before a superior court. The statutory right of appeal confers the right of re-hearing the whole dispute, unless expressly restricted in scope and the appellate court is not confined to the reasons which have been given by subordinate court for its decision. In-accordance with section 96 of CPC an appeal lies against all decrees passed by a court in the exercise of original civil jurisdiction, except consent decree, and decree passed in suit filed under section (9) of the Specific Relief Act, and a final decree, the preliminary decree of which is not challenged. Appeal also lies against an order if so provided for by section 104, or order 43 CPC. An appeal abates if the legal representatives of a deceased party are not brought on the record within the time allowed by law.
As soon as judgment is pronounced against party, right to appeal arises. Right to appeal doesn’t arise when adverse decision is given, but on the day suit is instituted i.e. proceedings commenced, right to appeal get conferred. Thus, it can be said the Right to appeal is appeal substantive right vested in parties from the date suit instituted.
Who can appeal?
- Any party to the suit, who 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.
- An auction purchaser from an order in execution of a decree to set aside the same on the grounds of fraud.
- Any person who is bound by the decree and decree would operate res judicata against him and is permitted by the Appellate Court to file an appeal.
Consent Decrees are not appealable. In Punjab National Bank vs. Lakshmichand Rah reported in AIR 2000 Madhya Pradesh, High Court held that “It may incidentally be further seen that even the Code of Civil Procedure does not provide for an appeal under Section 96(3) against a consent decree. The Code of Civil Procedure also intends that once a consent decree is passed by Civil Court finality is attached to it. Such finality cannot be permitted to be destroyed, particularly under the Legal Services Authorities Act, as it would amount to defeat the very aim and object of the Act with which it has been enacted, hence, we hold that the appeal filed is not maintainable.”
P.T. Thomas vs Thomas Job on 4 August, 2005, Supreme Court of India
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