The distinction between appeal and revision is a real one. Explain the distinction with the help of provisions ....... Code of Civil Procedure .....

Question: The distinction between appeal and revision is a real one. Explain the distinction with the help of provisions contained in the Code of Civil Procedure, 1908 and decided cases. [HPJS 2023]

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Answer

The distinction between appeal and revision under the Code of Civil Procedure, 1908 (CPC) is fundamental in understanding the procedural framework of civil litigation in India. Although both are mechanisms for judicial review, they differ in their scope, purpose, and grounds for invocation. This distinction has been clarified through various statutory provisions and judicial interpretations.

An appeal is a statutory right conferred upon a party to have a decision of a lower court reviewed by a higher court. It involves a re-examination of the entire matter—both on questions of fact and law. An appeal is not an inherent right; it exists only when expressly provided for by law. The right to appeal is substantive and accrues from the date of the judgment or order.

Revision is a discretionary power of the High Court to ensure that the subordinate courts have exercised their jurisdiction properly and have not acted in violation of the law. Unlike an appeal, revision is not a matter of right but a matter of discretion of the High Court. Revision is primarily concerned with the legality, regularity, and propriety of the proceedings and decisions.

(i) Provisions for Appeal

Section 96 – Provides for the right to appeal from an original decree.

Section 100 – Provides for the right to a second appeal on substantial questions of law.

Order XLI to XLV – Lay down the procedural rules governing the appellate jurisdiction.

(ii) Provisions for Revision

Section 115 – Empowers the High Court to exercise revisional jurisdiction when:

• A subordinate court has exercised jurisdiction not vested in it by law.
• A subordinate court has failed to exercise jurisdiction vested in it.
• A subordinate court has acted with material irregularity.

Key Differences Between Appeal and Revision

(i) Hari Shankar v. Rao Girdhari Lal Chowdhury (1962 AIR 78 SC): The Supreme Court held that the distinction between appeal and revision lies in the nature of the power exercised. An appeal is a continuation of the suit, whereas revision is limited to jurisdictional errors.

(ii) Major S.S. Khanna v. Brig. F.J. Dillon (1964 AIR 497 SC): The Court held that the right to appeal is a substantive right, whereas revision is a supervisory jurisdiction aimed at correcting jurisdictional errors.

(iii) Shankar Ramchandra Abhyankar v. Krishnaji Dattatraya Bapat (1969 AIR 983 SC): The Supreme Court held that the revisional jurisdiction of the High Court is confined to cases where a subordinate court has acted without jurisdiction or in violation of the principles of natural justice.

The distinction between appeal and revision under the CPC is well-established in law. An appeal is a broader remedy available to a party seeking a re-evaluation of the entire matter on merits, while revision is a narrower remedy focused on correcting jurisdictional errors and procedural irregularities. The right to appeal is a statutory right, whereas revision is an extraordinary discretionary power of the High Court. This distinction has been reinforced through legislative intent and judicial interpretation.

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