The two distinct legal phrases that come within the authority of the courts are appeal and revision. These are the authorities the court uses to review a matter that has already been decided, for the benefit of the petitioner’s convenience.
Appeal Vs. Revision
Revision, on the other hand, is a measure taken by a High Court to ensure that legal procedures were followed when a matter was adjudicated, whereas an appeal is a complaint made by a party that was dissatisfied with the outcome.
A revision is a re-examination of a lower court’s decision to eradicate any faults or non-exercise of jurisdiction by the superior court, while an appeal is a complaint.
Superior courts may review the soundness of a lower court’s judgment via an appeal, a Civil Procedure Code complaint. If an initial law or decree is approved in appeal, an appeal may be made against it.
An appellate court’s authority to revise the lower court’s decision is called revision. Examine the prosecution thoroughly so that the judgment is improved or corrected.
What does it mean to “Appeal”?
Sections 96 to 112 of the Civil Procedure Code and Section 382 of the Criminal Procedure Code provide higher courts the power to appeal. If the solicitor files an appeal, a higher court may hear the case and re-determine the outcome.
In the Civil Procedure Code, there is no precise definition of an appeal. In layman’s terms, an appeal means that a lawyer who feels wronged by a decision issued by a lower court decides to take the matter to a higher court to seek redress.
When a lawyer believes that the lower court’s judgment was unjust, the lawyer may submit an appeal to the superior court, which can examine the mistakes committed in the lower court.
The appellate court is the court that hears appeals, and it is part of the appellate jurisdiction. The lawyer has the legal authority to do so. The appellant is the lawyer who files the appeal. Due to the short time, the appellant must file an appeal with the relevant information.
There are two kinds of appeals under the Civil Procedure Code:
Any party to a case may take the initial step in resolving it by appealing to a district appellate court, which is open to all parties involved in the case.
The appellate court’s ruling is the subject of a second appeal. It’s possible to challenge an appellate court’s judgment after the initial appeal if the issue includes serious legal concerns and no response has been received.
Revision: What Is It?
It is possible to undertake revision under the Civil Procedure Code’s Section 115 and the Criminal Procedure Code’s Section 392. It is not uncommon for subordinate courts to exercise their jurisdiction in an unlawful or unconstitutional manner.
A revision is carried out in order to review and re-examine the legal acts. To put it another way, revision is the process of going back and making changes to an earlier choice. It’s frequently done by a Superior Court, such as the High Court, to verify and re-write a case.
Like an appeal, it is a discretionary authority of the Supreme Court. The Supreme Court has the power to decide whether or not a matter should be examined by the courts.
Make sure that the lower court followed the correct legal processes while deciding on a judgement during a revision. Its primary objective is to review and fix the mistakes made by the lower court. Revisional Jurisdiction governs a revision.
Difference Between Appeal and Revision
- Revision, on the other hand, is a discretionary authority of the High Court, not a legal right, and hence cannot be asserted by an appellant.
- A case may be appealed to a higher court before it is considered in the lower court where the matter was first heard, but only in the High Court can a case be revised.
- There is a big difference between an appeal and a revision when it comes to the importance of the hearing of the case.
- In order to engage in revision, a party must first file an appeal with the lower court, although the higher court may also engage in revision on its own.
- The revision of non-appealable decisions takes place.
- In an appeal, the original proceeding continues, but in Revision, the original action is not continued.
Legal terminology such as appeal and revision are used by courts to administer justice or repair lower court errors. They sound similar, but there is a tremendous difference in how they are used and how they are performed.