Revision | Appeal |
A revision application lies only to the High Court. | An appeal lies to a superior court, which may not necessarily be a High Court. |
A revision application can be made only when the relief by way of appeal in the High Court/subordinate court is not available. | An appeal lies only from appealable orders and decrees. |
A revision is only a privilege a party may move the High Court or the court of its own motion exercise revisional jurisdiction, but the power is discretionary | While a right of appeal is a substantive right given by statute. |
The filing of application is not necessary in case of revision; | While in case of appeal, a memorandum of appeal must be filed. |
The High Court may decline to interfere in revision if it is satisfied that substantial justice has been done. | In an appeal, however, the High Court has no discretion and it cannot refuse to grant relief merely on equitable grounds. |
The power to hear a revision is generally given to a superior court so that it may satisfy itself that a particular case has been decided according to law. | A right of appeal carries with it right of re-hearing on law as well as on fact. |
In the case of revision, the court has not the power to review the evidence generally.
| An appeal is a continuation of the proceedings. In effect, the entire proceedings are before the appellate court and it has power to review the evidence |
An application in revision can lie only on the ground of jurisdiction | In an appeal, the High Court can interfere with a decree passed by the lower court if it is contrary to law. |
A revision application does not abate in such cases, as the High Court may at any time bring the proper parties on the record of the case. The provisions of O. 22 do not apply to revision applications. | An appeal abates if the legal representatives of a deceased party are not bought on record within the prescribed period. |
FIRST INFORMATION REPORT IN BHARTIYA NAGRIK SURAKSHA SAHINTA
January 12, 2024
