Difference between review revision

Difference between Review & Revision

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

Difference between Review & Revision-

Tanmoy Mukherji

Advocate


Basis

Review

Revision

Meaning

Review means re-consideration of a judgment by the same Court which passed it, to correct an error.

Revision means supervisory power of the High Court to correct jurisdictional errors of subordinate Courts.

Statutory Provision

Sec 114 + Order 47, CPC

Sec 115, CPC

Initiation

Aggrieved party

Aggrieved party

High Court Suo Motu

Court

Same Court

High Court

Filing

After decree/order is passed

Before appeal is filed

Even if appeal is allowed but not yet preferred.

After subordinate Court order

When no appeal lies

When jurisdictional error exists.

Nature

Substantive & limited corrective power

Supervisory Jurisdiction

Grounds

Discovery of new evidence

Error apparent on face of record.

Any other sufficient reason.

Court exercised Jurisdiction not vested.

Failed to exercise Jurisdiction.

Acted illegally or with material irregularity.

 

Purpose

Aim

Consideration of new Evidence

Correction of apparent error.

Prevent miscarriage of justice

Self-correction mechanism

 

 

 

Aim

Correction of judicial error

Control over subordinate courts

Ensure proper administration of justice

Prevent misuse of authority.

 

Scope

 

Very narrow

 

Limited but wider than review

 

Right

 

Limited right

 

Discretionary power of Court

 

Requires

Specific ground

 

Jurisdictional defect

 

Evidence

 

Allowed

 

Not allowed

 

Reopening

 

Review may reopen case partially

 

Revision does not reopen case fully

 

Proceeding

 

Review is continuation of original proceeding

 

Revision is independent proceeding

 

Ensures

 

Justice in same court

 

Discipline in judiciary

 

Nature of remedy

 

Intra-Court remedy

 

Inter-Court remedy

 

Record

 

Rectification of record

 

Examination of record

 

Justice

 

Procedural Justice

 

Jurisdictional Justice

 

Procedure

 

Simple

 

Comparatively complex

 

Cannot be used for

 

Legal interpretation

 

Factual reassessment

 

Protection

 

Litigant's right

 

Judicial system integrity.

 

 

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