Question: Appeal, Revision, Review and Reference:

Question: Appeal, Revision, Review and Reference:

Appeal:

Apple is a expansion of a suit and a right given by law. A person aggrieved by an original decree passed by a Court. The person may file an appeal in an proper Court of appeal. Under  section 96 of the code of civil procedure normally only  parties of the original suit may file an appeal but There may be a cases when a person who was not a party in the original suit may file an appeal against a decree if he is affected by that Decree.

Powers of the Appellate  court under  section 107 of the code.

1. The Appellate court Shall have power to determine a case finally.

2. The Appellate court Shall have power to remand a case.

3. The Appellate court Shall have power to  frame issues and refer them for trial; and

4. The Appellate court Shall have power to take additional Evidence Or require Such evidence to be taken.

In addition, the Appellate court Shall have same Powers and shall perform on court of Original Jurisdiction in respect of Suits instituted there in

To determine the case finally:

 The Appellate Court Shall make every try to decide the case Finally on  merit taking into  consideration the evidence on record, The Appellate Court empowered to  Consider all  questions of law and fact and decide the case Finally. However it can decide a question of law even though it was not raised in the trial Court.

Remanding a Suit:

An appeal may be remanded when a suit is disposed of upon a preliminary point. The Appellate court may remand the suit and It may also direct What issue or issues Shall be tried in the Suit remanded.

if the disposal of the suit by the trial Court is on a preliminary point, Only then Remand can be Ordered.

Remand is deprecated by the Superior Courts. If the evidence on record is Sufficient for the Appellate Court to finally decided the questions raised in the appeal. There is no scope of remanding a suit.

Taking of additional evidence:

Only under the following circumstances The Appellate court may allow  such evidence  to be produced.

1. when the trial court has refused to allow an evidence which should have been allowed/admitted or

2. when the Appellate court itself requires any document to be produced.

3. If a party files any application for taking additional evidence, the Appellate court  is required to consider.

i. Whether the party had a chance to produce such evidence in the trial Court.

ii. whether there is any relevant statement in the Pleadings of the parties.

iii. Whether the trial  Court refused  to admit  that evidence without any valid reasons.

Stay of Proceedings and of executions:

Filing of an appeal is not sufficient to stay the Proceedings pending before the Lower court.

1. If the Appellate court is satisfied that loss may result to the party unless the Order is made.

2.  The Application has been made without any unreasonable delay.

3. Security has been given by the applicant for  due performance of the decree.

4. A Order of Stay may be passed.

Where There is no appeal There is a Revision.

Revision: section 115 of the code:

Revision means reconsideration, reappraisal, re-appreciation, revaluation of the order of the court. It Relates to questions  of law.

An aggrieved  party may file a revision against a decree or order that has been passed by the court of district judge, Additional district judge or against a decree passed by court of joint District judge, senior Assistant judge or Assistant judge to the High Court.

An aggrieved party may file a revision against an  order which has been passed  by a court of joint District judge, senior Assistant Judge or Assistant judge from which no Appeal lies.

The Court may call for the record If The  record has committed any error of law resulting in an error in such decree or Order Causing failure of Justice.

A court  of  Additional  District  Judge shall have all the powers of the district judge in respect of a revision transferred to it by the District Judge.

A Revision against an Order of the District Judge or Additional District judge shall be before the High Court Division where the high court division grants leave for such Revision.

Power’s of  the Revision Court:

A revision court may exercise its  power:-

1. when there is an error of  law of the.  And The error of law caused failure of justice.

2. When  the procedure followed by the lower court was not legal.

3. When the lower Court acted without jurisdiction.

4. When the lower court acted illegally.

5. When there is Misreading of evidence, Non-Consideration of any legal evidence. 

Limitation for filing of a Revision  application:

There is no period of limitation for filing a revision Application. However The  established principal is that such an application is to be filed within ninety days. It is also  settled that in a suitable Case.

When a revision is a filed before a District judge.  Limitation for filing Revision shall be  (thirty) 30 days because the period of limitation for filing an appeal before the District Judge is  30 (thirty)  days.

Distinction between appeal and revision:

1. The scope of appeal is wider then revision.

2. Appeal is a expansion of Suit. Appeal may be  filed challenging  the question of law and facts. On the other hand, Revision lies only in the law point. Revision court will see whether the court below Committed an error of law causing failure of Justice.

3. All decree are appealable save three decree such as 

i. Decree passed on Compromise.

ii. Decree passed under section 9 of S.R Act and

iii. The Small Cause Court Act, 1887.

iv. All Orders are emendable except Order Listed Out as appealable Order under Order 43 Rule 1 and Section 104 of CPC.

v. Where There is no appeal, There is Revision.

Review: The relevant provision are section:114,  Order 47  Rule: 1 to 9 of the CPC.

Any person is aggrieved by a Decree or Order.  The person may apply for a review against the decree or the order. And The Court may make such order as The Court thinks fit.

Reference: The Relevant  provisions are  section 113 Order: 46 Rule: 1 to 7,  CPC  Any Court may state a case and refer the same for the opinion of the High Court Division and The High Court Division may make such order as  the court thinks fit.

Difference between Appeal and Revision:

1. An appeal lies to the Superior Court, while a  review lies to same Court.

2. Review of a Judgement involves of the same subject matter by the same Judge. While Appeal is heard by a different Judge.

3. The ground of appeal are wider than the grounds of Review.

4. The power of Appellate court is wider than court of Review.

5. Where There is Appeal, There is no Review.