3. INTRODUCTION
It is human nature to make mistakes. Judges are also
humans. So they’re no exception to this kind of behavior.
A judge can make an error in the course of his duties as
well. There is yet to be born a man who has not made a
mistake.
For centuries now, the provisions of appeal review and
revision have been a part of the law. These provisions are
some important steps in the attempt to remove or reduce
the errors by the judges.
4. Appeal & Revision
An appeal refers to a legal process of applying to a superior court for
reconsideration of a decision, judgement or order, given by a
subordinate court. It is a well-known fact that the right to appeal is
not a natural one, rather it is an inherent right to the litigation
process.
On the contrary, a revision implies the act of re-examining a case, so
as to make it defect free or grant some relief in case of improper
exercise or failure to exercise jurisdiction by a subordinate court.
The basic difference between appeal and revision is that while the
appeal is a continuation of a suit, revision is not. Let’s move further
to understand some more differences between these two.
5. BASIS FOR COMPARISON APPEAL REVISION
Meaning Appeal refers to a request
made to a superior court,
to review the decision
given by a subordinate
court.
Revision refers to the act
of revising, i.e. re-
examining and amending,
with a view to correct a
decision and make it just
and fair.
How many times it is
allowed?
Multiple Only one
Grounds An appeal can be made on
the grounds of the question
of law and fact.
A revision can be
made on the grounds
of jurisdictional error.
6. What is it? Substantive Right Discretionary power of the
court
Where Preferred? Superior Court, which can be a
district court or high court.
High Court
Who can apply? Party to suit Party to suit and court can also
apply suo moto
Involves Court Hearing Rewriting and Reworking
Against Decree and appealable orders. Decision passed by the
subordinate court.
Abatement Abates on the death of the
aggrieved party, if the legal
representative fails to bring on
records within the prescribed
time.
Revision petition continues
even if the party who applied
for it, dies meanwhile.
7. Applications for
permission to appeal are
considered by an Appeal
Panel, consisting of three
Justices. Applications are
generally decided without
a hearing, and it is
essential that the
application is in the correct
form.
Japan has a three-tiered
judicial system. Generally,
concerning a commercial
dispute, the first-instance court
is a district court and a first-
level appeal is filed with a high
court; the final (second-level)
appeal is filed with the
Supreme Court.
The losing party in a decision by a
trial court in the federal courts
normally is entitled to appeal the
decision to a federal court of
appeals.
USA
UK JAPAN
8. CASE-LAW
Satya Pal Sigh vs State of
Madhya Pradesh
Amit Kapoor vs Ramesh Chander
& Anr[20]
State Of Rajasthan vs
Fatehkaran Mehdu
