TUTORIAL-I: INTERIM SUBMISSION

Civil Procedure Code and Limitation Act- II

“CRITICAL ANALYSIS OF THE SCOPE AND DIFFERENCES BETWEEN

APPEAL AND REVISION”

Submitted by

SHREYA GHOSH DASTIDAR

Division- B
PRN- 16010323154
BA LLB (2016-2021)

Symbiosis Law School, Hyderabad

Symbiosis International Deemed University, Pune

In
January, 2020

Under the Guidance of

Prof. Anuradha Binnuri (Dy. Director)

Faculty-in-charge

Civil Procedure Code and Limitation Act- II

Symbiosis Law School, Hyderabad
 INTRODUCTION
One of the major objective of Law is to establish the rights of the people. Thus, every
individual deserves the proper chance to take proper steps to make sure justice is applied
fairly in any legal procedure, natural justice prevails and therefore the right to life and liberty
could also be preserved. But when the judgment or, any proceeding of law goes wrong, it
becomes worthless. People try to get the shelter of law at the last steps. When law failed to
give shelter to such person, the person becomes helpless and lose his confidence in law. So, it
is a common principle that law should not make mistake. For this purpose, associate degree
understanding of the meanings of terms corresponding to ‘appeal’, ‘revision’ and a
distinction between two of them are created. Therefore, it is necessary to know the nature and
scope of them and their differences to exercise the power of reviewability against the
impugned order of the respective Court.
The concept of Appeal is dealt under section- 96 to 112 and orders 41 to 45 of the Code of
Civil Procedure.
The term ‘revision’, on the other hand, means the act of revising or altering, or the act of
rewriting something. According to the dictionary meaning ‘to revise’ means ‘to look again or
repeatedly at’; ‘to go through carefully and correct where necessary’, ‘to look over with a
view of improving or correcting’. Just like appeal and review, revision has come to law for
the same purpose, which is to correct any error or mistake. Revisional power of the High
Court is a power to rectify any mistake or error of law of the judgment given by the lower
court. Section 115 of the Code of Civil Procedure empowers a High Court to entertain a
revision in any case decided by any subordinate court in certain n circumstances.
One of the leading goal of Law is actually establishing the rights on the individuals. As a
result, every person warrants the appropriate opportunity to shoot the right measures to help
to make certain justice is used somewhat in almost any authorized process, organic justice
prevails as well as consequently the directly to liberty and living may also be preserved. But
if the judgment or even, any kind of proceeding of law goes completely wrong, it gets
useless. Individuals try and obtain the protection of law within the final measures. When law
didn't offer protection to person that is that, the individual turns into powerless as well as
suffer a loss of the trust of his inside law. Thus, it's a typical concept which law shouldn't
earn blunder. Because of this objective, connect amount comprehension belonging to the
meanings of phrases corresponding to appeal', revision' along with a difference in between 2
seem to be produced. Thus, it's essential to learn the dynamics as well as range of these as
well as the variations of theirs to physical exercise the strength of reviewability from the
impugned purchase of respective Court.

The expression “appeal” has not been defined in the Code. According to the dictionary
meaning, “appeal” is “the judicial examination of the decision by a higher court of the
decision of an inferior court”1. An appeal is thus a removal of a cause from an inferior court
to a superior court for the purpose of testing the soundness of the decision of the inferior
court. In other words, it is a complaint made to the higher court that the decree passed by the
lower court is unsound and wrong.2 It is “a right of entering a superior court and invoking its
aid and interposition to redress an error of the court below”.3 The concept of appeal is dealt
under section- 96 to 112 and orders 41 to 45 of the Code of Civil Procedure.
The phrase revision', however, indicates the action of revising or maybe altering, or perhaps
the act of rewriting one thing. Based on the dictionary which means to revise' way to seem
repeatedly or again at'; to proceed through very carefully & right exactly where necessary', to
appear over using a perspective of enhancing or perhaps correcting'. Much love assessment as
well as attractiveness, modification has arrived at law for your exact same objective, that is
correcting some mistake or even blunder. Revisional energy of High Court is actually an
energy to rectify some blunder or maybe errors of law of this judgment provided through the
reduced court. Area 115 on the Code of Civil Procedure empowers a higher Court to amuse a
modification in almost any situation made the decision by every subordinate court in a few n
instances.
1
Chamber’s 21st Century Dictionary (1997) at p.59
2
Nagendra Nath Dey v.Suresh Chandra Dey AIR (1932) PC 165; Shankar Ramchandra Abhyankar v.Krishnaji
Dattatreya Bapat, (1969) 2 SCC 74.
3
Attorney General v. Sillem,(1864) 10 HLC 704 at p.715:11 ER 1200 at 1209
 SCOPE OF THE STUDY
The research paper will consist of creating a critical analysis of a brief discussion on the
scope of appeal and revision, following the differences between them and the legal
provisions related to it. These provisions are some major steps on the trying of removing or
reducing the error on the legal proceeding. The basic aim of this research paper to
acknowledge the people about the wide scope of appeal and revision and their usefulness
towards providing justice. Critical Analysis also includes the various pronouncements given
by the judiciary to give a better understanding to the litigants about their rights.

Justification of the study

The discussion and the findings of this study will help the readers to critically analyse the
scope of appeal and revision and the difference between them. Though appeal and revision
both are for the correction of mistake or error of law made by any court in any judgment
both has certain distinctions. A right of appeal carries with it a right of rehearing on law as
well as fact, unless the statute limits it in some way4 but, in case of revision, there was no
power to re-examine, review or re-assess the evidence to substitute its own findings unless
the statute expressly confers on it that power. 5 This research paper will build an
understanding amongst the readers about the basic distinctions of appeal and revision and
how they both respectively act as an important tool for providing justice. Along with these
crucial points, this research project also tries to explain the limitations to both the powers
and criticize their implementation.

RESEARCH METHODOLOGY
The research methodology that will be used in this article is doctrinal research and
researcher has mainly used secondary data sources for the preparation of this research
article. No primary data or first-hand information has been used in this research work. The
existing articles and books have been referred for preparing this article. The sources and
other references of the cases studies mentioned in this research project have been taken from
authentic legal databases.

4
Hari Shanker v. Rao Girdhari Lal, AIR 1963 SC 698
5
State of Kerala v. K.M. Charia Abdullah & Co., AIR 1965 SC 1585
 RESEARCH PROBLEM

The questions involved in this research project are-

1. When should the powers of appeal and revision be exercised and to what extent?

2. What are the distinctions between an appeal and a revision as per their execution
defined under the provisions of CPC?

3. How the court has explained the distinctions between these two by its various
judicial pronouncements?

CHAPTERISATION

Chapter 1- Introduction

Chapter 2- Definition of Appeal and revision

Chapter 3- The nature and scope

Chapter 4- The differences between appeal and revision

Chapter 5- Relevant provisions to exercise appeal and revision under CPC

Chapter 6- Judicial review

Chapter 6- Conclusion

Chapter 7- Suggestions

CONCLUSION
In India, there are actually 3 tiers Judiciary i.e. District Courts, High Courts in addition to
hon'ble Supreme Court of India. The energy of appeal as well as revision lies in all of the 3
Courts based on what Court's Order is now being challenged. Thus, it's essential to learn the
dynamics and range of all these powers as well as the way they're completely different from
each other. It's crucial to learn the range of all these to work out the strength of reviewability
from the impugned purchase of respective Court. Though "appeal" and "revision" seem to be
related legal terms, you will find certain subtle differences in between them. The distinction
between a revision and an appeal is a genuine one. A right of charm has by using it a perfect
of rehearing on law and also reality, unless of course the statute conferring the ideal of charm
limits the rehearing in a way as, we discover, has been carried out in next is attractive arising
within the Code of Civil Procedure. The power to pick up a revision is frequently awarded to
a superior court to ensure that it might satisfy itself that a specific case has been decided
based on law. A right of charm is actually a substantive perfect conferred with the statute, and
the revisional energy of High Court is strictly discretionary. Additionally, a revision isn't a
continuation of the first proceeding as an appeal. It's unique proceeding not the continuation.
This research paper is actually concluded by detailing that though Revision and Appeal both
are actually for the modification of error or mistake of law created by any court in any sort of
judgment both has specific distinctions between Appeal as well as Revision. The provisions
for appeal & modification offered within the Code of Civil Procedure are actually
ways that are different by which the court is able to move a lot more effectively for fairness
of justice product even if there's absolutely no provision of attractiveness. Whenever a matter
is actually decided is actually the judge and the Court passes a decree or maybe order then
there may be situations where there has been some error or maybe error, or maybe a party is
actually aggrieved by the order or maybe decree or perhaps, there may additionally be
situations in which the subordinate court is actually uncertain on that question of law. And, a
basic rule the moment a judgement is actually pronounced it can't be changed by the very
same court. Thus, the provisions of attractiveness as well as revision have been introduced
under the authorized system to stay away from a miscarriage of justice. The procedure for
revision is additionally really distinct from Appeal. The provision of modification provides a
chance to the aggrieved bash to buy their non appealable orders rectified. And so, all these
methods have different grounds, procedures and conditions.