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Sem. 7 - Sec. A - 4907 (Aqib Farooq) - CPC Assignment

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0% found this document useful (0 votes)
16 views4 pages

Sem. 7 - Sec. A - 4907 (Aqib Farooq) - CPC Assignment

Uploaded by

Muhammad Umer
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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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1

Differences among Review, Appeal, and Revision

Aqib Farooq (4907-BS-LLB-21)


Semester 7 – Section A
Code of Civil Procedure, 1908
Madam Yasmeen Idrees

15th of December, 2024


2

Review Appeal Revision


1. Meaning & Review means Appeal means Revision means “to
Definition “to view, see, or, “to check the look or supervise”.
consider the same correctness”.
matter again”. Revision is a
Appeal refers to remedy to examine
Review is the a judicial the correctness of a
reconsideration examination of a lower court's
of a judgment by lower court's jurisdiction or
the same court decree or order decision.
that delivered it. by a higher
court.
2. Objective A review seeks An appeal aims The purpose of
to rectify to correct errors revision is to ensure
apparent in judgment and that the lower court
mistakes or achieve justice. acted within its
errors on the face jurisdiction.
of the record.
3. Provisions Review is Appeal is Revision is
covered under provided under governed by
section 114 and sections 96-112, Section 115 of the
Order XLVII of and Orders XLI CPC, 1908.
CPC, 1908. to XLV of CPC,
1908.
4. Scope Review is limited Appeal has a Revision is limited
to errors broader scope, to jurisdictional
apparent on the addressing errors or material
face of the questions of law irregularities.
record. and fact.
5. Jurisdiction Review is within Appeal is under Revision is under
the jurisdiction the appellate revisional
of the same jurisdiction of a jurisdiction of the
court. higher court. next forum and
usually falls under
the supervisory
jurisdiction of the
High Court.
6. Court’s Role In review, the In appeal, the In revision, the
court revises its higher court may court corrects errors
own judgment or replace the lower without
order. court’s decision substituting its own
if necessary. decision.
3

7. Limitation Period For a review of Appeal usually Revision usually


judgment by a has a limitation has a limitation
High Court in period of 30 days period of 90 days
the exercise of its from the date of from the date of the
original the decree or decision sought to
jurisdiction is 20 order appealed be revised.
days from the from.
date of decree or
the order.
8. Nature of Error Review is Appeal deals Revision focuses on
confined to with substantive jurisdictional or
errors apparent errors in fact or procedural errors.
on the face of the law.
record.
9. Right to File Filing a review is Filing an appeal Filing a revision is
not a right and is a statutory not a matter of right
requires the right if and is
court’s conditions are discretionary.
permission. met.
10. Applicability Review applies Appeal is filed Revision is invoked
(Filed Against) to decrees or against decrees against orders,
orders by the and certain decrees, or
same court. orders as jurisdictional
mentioned in errors.
CPC, 1908.
11. Initiating Review is Appeal must be Revision can only
Authority initiated by the initiated by any be initiated by a
same party who aggrieved party. party to the suit or
seeks on the court's own
rectification of motion.
the court's own
decision.
12. Multiplicity of Review is limited Appeal may Revision does not
Proceedings to a single stage result in lead to multiple
and cannot be prolonged levels of litigation
reviewed again. litigation with as it focuses on
multiple stages procedural errors.
(first appeal,
second appeal).
13. Grounds Review is based Appeal is based Revision is based on
on clerical on legal errors or lack of jurisdiction
mistakes or factual or procedural
apparent errors. inaccuracies. irregularities.
4

14. Nature of Civil Review is Appeal is Revision is


Proceedings corrective in adjudicatory in supervisory in
nature. nature. nature.

15. Role of Evidence Review does not Appeal may Revision does not
allow fresh involve involve reappraisal
evidence. reappraisal of of evidence; it
evidence. focuses on
jurisdiction.
16. Effect of Filing on Filing a review Filing an appeal Filing a revision
Other does not may stay does not
Linked/Related automatically proceedings if automatically stay
stay directed by the proceedings.
Proceedings
proceedings. appellate court.
17. Outcome In review, the In appeal, the In revision, the
court can correct court can court can affirm,
the clerical errors confirm, reverse, modify, or remit the
in a decree or an or modify the case.
order. decision.

18. Latest Case-Law 2024 PLD 76 2024 YLR 1309 2024 SCMR 1649
(as on Pakistan (Lahore High (Sindh High (Supreme Court)
Law Site) Court Lahore) Court Karachi)
19. Landmark Case- AIR 1954 SC 526 AIR 1966 SC AIR 1970 SC 406
Laws 1423
PLD 1976 Lahore 1986 SCMR 1166
269 PLJ 1975 SC 331

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