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Appeal:

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The term appeal is an undefined term, it means the removal of a cause from an inferior
court to a superior one for the purpose of testing the soundness of the decision of the
inferior court. In-other words, it is a complaint made to a superior court against the
decision of a subordinate court with the object of getting such order set-aside or reversed.
Appeal is the continuation of the original proceedings before a superior court. The
statutory right of appeal confers the right of re-hearing the whole dispute, unless
expressly restricted in scope and the appellate court is not confined to the reasons which
have been given by subordinate court for its decision.
In-accordance with section (96) of CPC an appeal lies against all decrees passed by a
court in the exercise of original civil jurisdiction, except consent decree, and decree
passed in suit filed under section (9) of the Specific Relief Act, and a final decree, the
preliminary decree of which is not challenged. Appeal also lies against an order if so
provided for by section (104), or order (43) CPC.
Who may appeal:
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As an appeal is a continuation of the suit only such persons who were parties to the suit
and who are adversely affected by the decree may appeal. A person who was not a party
to the suit cannot appeal against the decree, unless such person is adversely affected, and
is permitted by the Appellate Court to file an appeal.
Forum of Appeal:
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The right of appeal is a substantive right, forum of appeal is a matter of governed by
procedural law.
Powers of Appellate Court:
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An appelate court may either confirm, vary, or reverse the decree or pass the order of
remand of the case.

Revision:
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Revision means re-examination of cases which involve the illegal assumption, nonexercise or irregular exercise of Jurisdiction.

Revisional jurisdiction does not confer any substantive right, and the right of revision is
merely a privilege granted to a party. In Revision the court can interfere, if the case
brought before it is a decided case by subordinate court, and when the same is not
appealable. If this condition is fulfilled, the revisional court may interfere to check, where
the subordinate court has:
(a) exercised a jurisdiction not vested in it, or
(b) failed to exercise a jurisdiction vested in it, or
(c) acted in exercise of its jurisdiction illegally or with material irregularity.

Difference between appeal and revision:


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Basic difference between an appeal and a revision is that appeal is a right of party, but
revision is a discretionary power of court. An appeal is continuation of the proceedings,
in effect the entire proceedings are before the appellate court and it has power to review
the evidence subject to statutory limitations prescribed. But in the case of a revision
whatever powers the revisional authority may or may not leave, it have no power to
review the evidence unless the statute expressly confers on it that power.

REVIEW:
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Review means consideration, inspection or re-examination of a subject or thing.
According to section (114) of CPC, any person aggrieved by a decree or order from
which an appeal is allowed but not filed, or a decree or order from which no appeal is
allowed, can file a review petition in the same court which passed such decree or order on
the following grounds:
1. When new and important matter or evidence is discovered which after the exercise of
due diligence was not within his knowledge, or could not be produced by him at the time
when the decree or order was passed;
2. When there is any mistake or error apparent on the face of the record;
3. When there is any other sufficient reason.

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