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Difference Betw WPS Office 1

This document discusses the difference between review and revision as outlined in the Code of Civil Procedure 1908. Review allows a court to reexamine a case itself to rectify errors, while revision allows a higher court to examine the records of a lower court. Review is based on mistakes apparent in the record or new evidence, while revision examines if a lower court exceeded its jurisdiction or acted illegally. Both powers aim to correct errors, but review is done by the original court and revision by a higher court.

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50 views5 pages

Difference Betw WPS Office 1

This document discusses the difference between review and revision as outlined in the Code of Civil Procedure 1908. Review allows a court to reexamine a case itself to rectify errors, while revision allows a higher court to examine the records of a lower court. Review is based on mistakes apparent in the record or new evidence, while revision examines if a lower court exceeded its jurisdiction or acted illegally. Both powers aim to correct errors, but review is done by the original court and revision by a higher court.

Uploaded by

Rehan's Here
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Assignment On:

Nusrat Bhutto case & basic principle of law upheld in this case

Submitted To:

Dr Bilal SB

Submitted By:

Muhammad Arsam

Semester:

7th

Section:

C
Roll No:

04

GILLANI LAW COLLEGE

BZU MULTAN
Difference between Review and Revision:

Introduction:

According to the Code of Civil Procedure, 1908, once a party is aggrieved by the decree
elapsed the court, he will approach the judicature, against the decree elapsed the court. Generally,
below attractiveness, the full dispute is re-heard by the judicature. however, in cases wherever there are
technical/procedurals errors, the aggrieved party needn’t take the pain of approaching the upper court
for researching the effort of contesting another suit that is within. For this identical purpose, the Code of
Civil procedure has introduced the concepts known as Review and Revision below Sections, 114 & 115
severally.

Associate degree application for Reference, Review and Revision may be filed within the involved courts
as provided by the Code and therefore the proceedings below these applications don’t influence
deserves (facts or evidence) of the case.

Review:

The wordbook or general that means of review is ‘to examine or to check again’. So, the review
of judgment is to look at or study the facts and judgment of the case once more. Review of judgment is
that the substantive power of the court mentioned in Section 114 of CPC. This section doesn’t offer any
limitations or conditions for review. the restrictions and conditions of review are provided under Order
47 of the Civil Procedure Code. Order 47 contains 9 rules that impose some conditions for the review

In the case of Usha Ranee Banik v. Hardas[i], it absolutely was ascertained that Power of review is on the
market only there’s a mistake apparent on the face of the record and not on the inaccurate call. a
mistake apparent on the face of the record, can’t be outlined exactly and it’s to be determined judicially
on the facts of every case.
Revision:

The term “revision” is not defined under CPC but, Section 115 is related to revision. Revision is
the power of the High Court to revise the cases decided by the courts subordinate to it. This jurisdiction
of the High Court is known as Revisional Jurisdiction of the High Court. The power of revision of court is
optional and not a compulsory one.

There are some conditions in which revisional jurisdiction is exercised. The case must be decided by the
subordinate court. There should be no remedy of appeal be exercised. In the case of Major. S.S. Khanna
v. Brig. F.J. Dillion[ii], Supreme Court held that, when any other remedy is available, the court may not
exercise it’s revisional jurisdiction

Difference:

Meaning of Review:

Review means to reconsider, to look again or to re-examine. In legal sense, it is a


judicial re-examination of the case by the same court and by the same Judge.

Meaning of revision:

Revision means the high court is revising the judgement of any case decided by a
subordinate Court in certain circumstances. With a view to correcting or improving the judgement.

Object of review:

To rectify any error made in an order resulting in affecting the interest of a party. The
same court and same judge review the judgement
Object of Revision:

Any illegality, irregularity or impropriety coming to the notice of High court has the
jurisdiction to the High Court to examine the records relating to the ‘’any order’’ and/or proceedings is
capable of being corrected by the High Court.

Provision of review:

Review is defined under section 114 of Cpc.

Provision of revision:

Revision is defined under section 115 of Cpc.

Grounds of Review:

1. Discovery of new and important matter or evidence. Such evidence must be: –

(a) Relevant

(b) Or of such character that if it had been given it might possibly have altered the judgment.

2. Mistake or error

3. Other sufficient reason.

Grounds of Revision:

There is a case decided by a subordinate Court in which no appeal lies to the High
Court.

2. Subordinate Court while deciding a case appears to be: –


(a) to have exercised a jurisdiction not vested in it by law, or

(b) to have failed to exercise a jurisdiction so vested, or

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity

Conditions arises when review is filed:

No right of appeal is allowed to an aggrieved party, he can file a


review application.

Conditions arises when revision is filed:

No right of appeal is allowed to a party, he can file a revision


application

Conclusion:

Both the powers of the courts are different and are mentioned under different provisions of
CPC. The court has the power to revise or review the case accordingly. The powers of the court are in
accordance with the circumstances.

It also depends upon the cases. The powers are different from each other as in both the cases are
looked after by the courts in different manners and by a different criterion.

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