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Assignment CPC

The document defines review and revision under the Civil Procedure Code of India and differentiates between them. Review allows a court to reexamine its own judgment or order to rectify any errors, and can be requested when no appeal is permitted or the appeal right was not utilized. Revision allows the High Court to scrutinize a subordinate court's decision and correct legal errors, jurisdictional errors, or procedural irregularities. While review is filed before the same court under Section 114, revision is filed under Section 115 before the High Court when no appeal against the subordinate court's order is allowed.

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Ahmad Zeeshan
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262 views

Assignment CPC

The document defines review and revision under the Civil Procedure Code of India and differentiates between them. Review allows a court to reexamine its own judgment or order to rectify any errors, and can be requested when no appeal is permitted or the appeal right was not utilized. Revision allows the High Court to scrutinize a subordinate court's decision and correct legal errors, jurisdictional errors, or procedural irregularities. While review is filed before the same court under Section 114, revision is filed under Section 115 before the High Court when no appeal against the subordinate court's order is allowed.

Uploaded by

Ahmad Zeeshan
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© © All Rights Reserved
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Download as PDF, TXT or read online on Scribd
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Assignment On

Define Review and Revision also Differentiate Between them


`
Subject
Civil Procedure Code-I

Submitted To
Rana Amir Mehmood

Submitted By
Ahmad Zeeshan
Roll no. 27
Section-C (7th Semester)
2017-22
LLB.5 Year
Review
Is the intensity of exploring of its own judgment is given on the court. Section 114 and Order 47
of Civil procedure Code gives the option to audit the judgment. Section 114 gives just option to
audit the judgment and order 47 of CPC gives restrictions and conditions. Article 137 of the
Indian Constitution permitted the Supreme Court to audit its own requests and judgment. The
target behind this force is to guarantee equity. It is properly said that Law needs to twist before
equity. The dictionary meaning of Review is a conventional evaluation of something with the
aim of founding change if vital.

A) No Right of appeal is permitted


Where no right of appeal is permitted to a wronged party, he can record a review application.
At the point when an appeal is excused on the ground that it was inept or was time – banished,
the arrangements of review would get pulled in.

B) Right of appeal lies however not profited.


A review request is additionally viable in situations where appeal is given yet no such appeal is
favoured by the oppressed party. An application for review can be introduced insofar as no
appeal is favoured against the request.

Reason for review


(I) Discovery of new and significant issue or proof.

(ii) Mistake or blunder

(iii) Other adequate explanation.

Cases where review lies


• Non-appealable cases–

Non-appealable cases are cases where no right is given to the suffered party or when an
appeal is rejected on the grounds of incompetence or being time-barred. The party who has
suffered can hence file for review.

• Where appeal lies but is not preferred-

In cases where the benefit of an appeal lies but is not preferred by the party, the party can
file for a review but the review must not be against the order because that would be going
into the facts which are not entertained by the courts. When the party has already filed for
an appeal before the court which is pending, in such cases the petition for review will not be
entertained by the court. However, if the review petition is filed first and the appeal is filed
subsequently then the court’s jurisdiction to review can’t be questioned under law.

What are the grounds of review cases?


• Discovery of new evidence– When of new evidence or matter which is substantial to
the case and was not in the cognizance of the concerned person, then that person can
successfully apply for review. However, the burden of proof lies on the concerned
person to prove that at the time of the verdict he was completely unaware of the fact or
evidence that could have an influence in the decision making. However, the mere fact
that the concerned party was not cognizant of the ruling in any other case which might
have impacted the decision wouldn’t be considered by the court for review.
• Error on the face of record– The prima facie error that looks pretty conspicuous without
a legal analysis of the judgment can only be taken into account for review under this
ground. The error or mistake could either be a mistake in law or a mistake in fact.
• Other sufficient reason– This ground of review has given a very wide coverage of the
reviewing process. In the landmark case of Chajju Ram v. Neki it was held that the
sufficient reason shall be connected with the other two reasons in the least possible
way. The mere fact that the court ignored an important fact will not make a valid point
under this ground.

Who can file for a review?


• Review can be filed by any person who feels himself to be deprived of rights or
aggravated under the law or the rule of law under Rule 1 order 47 of the CPC.
• Or; in non-appealable cases, where no right is given to the suffered party when an
appeal is rejected on the grounds of incompetence or it being time-barred, then the
party who has suffered can file for review.
• Or; in cases where the benefit of an appeal lies but is not preferred by the party, the
party can file for a review but the review must not be against the order because that
would go into the merits which are not entertained by the courts. When the party has
already filed for an appeal before the court which is pending, in such cases the petition
for review will not be entertained by the court. However, if the review petition is filed
first and the appeal is filed subsequently then the court’s jurisdiction to review can’t be
questioned under law.
Revision
Revision is a new prospect for the resolution of law. It means re-examining the case involving
improper inference, non-exercise or inappropriate jurisdictional exercise. Where no appeal lies
for a case, which is decided by the subordinate court, Section 115 of the Code of Civil
Procedure gives the High Court the power to revise the matter. This jurisdiction is known as
the High Court’s revisional jurisdiction. Revision refers to reviewing or scrutinizing with a view
to correct or to improve.

In the exercise of revisional powers, it is not the responsibility of the High Court to take into
consideration the benefits of the evidence; it merely has to see if the provisions of the law have
been properly adhered to by the court whose order is the subject of the revision.

In Section 115 of the CPC, there are only three grounds for revision, which are:

• When the lower court meditates on a matter on which it has no jurisdiction.


• There was authority, but it was not exercised.
• Jurisdiction has been applied illegally or irregularly.

The High Court has to satisfy itself on three matters:

• that the order of the subordinate Court is within jurisdiction


• that the case is one in which the Court ought to exercise its jurisdiction, and
• that in exercising jurisdiction the court has not acted illegally, that is, in breach of some
provision of law, or with material irregularity, that is, by committing some error of
procedure in the course of the trial which is material in that it may have affected the
ultimate decision

Conditions
A case must have been decided

In Major Khanna v. Brigadier Dillon it was held that Sec. 115 applies even to interlocutory
orders. After the Amendment, the explanation makes it clear that the expression includes any
order made, or any order deciding an issue, in the course of a suit or a proceeding .

A subordinate court
The High Court cannot exercise revisional jurisdiction unless the case is decided by a Court and
such Court is subordinate to the High Court. A court means a court of civil judicature. Not any
person including any person acting in an administrative capacity. If the intention is that the
prescribed officers should enforce the rights and liabilities created by the statute in the exercise
of the existing jurisdiction of courts, they act as courts. If, on the other hand, the intention is to
create new courts, they act as persona designata

No Appeal Lies
The revisional jurisdiction can be invoked in respect of any case in which no appeal lies to the
High Court. The word appeal includes first appeal as well as second appeal.

Jurisdictional Error

• Where there is no question of jurisdiction, the decision cannot be corrected because a


court has jurisdiction to decide wrongly as well as rightly. When a subordinate court
exercises jurisdiction not vested in it by law, or where subordinate court has failed to
exercise jurisdiction vested in it by law the HC can interfere by revision.
• A revision also lies where the court has exercised its jurisdiction illegally or with material
irregularity. These words have been defined by the Court in Keshardeo v. Radha Kissen:
“The errors contemplated relate to material defects of procedure ad not to errors of
either law or fact after the formalities which the law prescribes have been complied
with”

Subject Review Revision


Matter
As to Review means a judicial Revision is a purely discreonary
definition reexamination of a case in certain remedy granted by a higher court with
specified and prescribed a
circumstances.
As to section Section 114 of CPC Section 115 of CPC
under CPC

As to the Order XLVII of CPC, 1908 No such order deal withrevision.


order under
CPC

As to It is not a continuation of original It is not a continuation of original


continuation proceeding proceeding
of proceeding
Object To rectify any error made in an Any illegality, irregularity or
order resulting in affecting the impropriety coming to the notice of
interest of a party. The same court High court has the jurisdiction to the
and same judge review the High Court to examine the records
judgement. relating to the ‘’any order’’ and/or
proceedings is capable of being
Conditions No right of appeal is allowed to an No right of appeal is allowed to a
arises when aggrieved party, he can file a review party, he can file a revision application.
application.

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