SOUTHERN UNIVERSITY

BANGLADESH

An Assignment on

Comparative Discussion on Appeal, Review & Revision under

the Code of Civil Procedure 1908

Course name: The Code of Civil Procedure (Part- II)

Semester: Spring 2020
Submitted to
MD. Murtaja Islam Johanjeb Tareq

Head of the Department of law

Southern University Bangladesh
Submitted by
Raihan Uddin Rabi
Department of law
Introduction:

Appeal, revision and review all three are very important provisions of law. These provisions
were part of law for centuries. These provisions are some major steps on the trying of removing
or reducing the error on the legal proceeding. Because one of the reason behind the birth of law
was to establish the right of public. The facts and circumstances of a particular Case and the
question of law involved are relevant for taking a call on whether or not to challenge a order
under either of the following jurisdictions- Appeal, Review & Revision. We have numerous
Legislations governing the law of Appeal, Review, and Revision.

Appeal:

Appeal’ is an undefined term that refers to shifting a case from a lower court to a higher one in the same
hierarchy to test the soundness of the decision of the lower court. It is a continuation of the original suit
before a higher court. According to C.K. Takwani, “appeal is a proceeding by which the defeated party
approaches a higher authority or court to have the decision of a lower authority or court reversed.
Decrees are generally appealable but orders are not appealable except those allowed in s 104 of the CPC
1908. Not all orders are appealable, however, only those in sec 104 of the CPC 1908. Section 96 to 112 of
The Code of civil Procedure code 1908 has provided the provision relating to appeal and section 96 to 99
and section 104 of CPC deals with the substantive procedures of appeal. Order 43 of Civil procedure
code and section 35A, 95 ii regarding the rules related to appeal against order. An appeal from any order
allowed by the Code shall be to the Court to which an appeal would run from the decree in the suit. The
right of appeal is substantive right. Unless otherwise is specified an appellate court can:

 determine the case finally by way of confirming, verifying or reversing the decision of
original court;
 send back the case on remand
 re-frame issues and refer them for trial; and
 Take additional evidence or require such evidence to be taken.
 Appeal may lie on a matter of law as well as matter of fact.
 There is no scope for filling a second appeal in civil suit.

Who can prefer appeal?

1. The person who is the party of the suit.

2. The legal representative of any party.
3. Or who is adversely affected by the decree.
Forms of appeal:

Appeal shall be preferred:

 In the form of a memorandum signed by the appellant or his pleader and presented to
the court.
 The memorandum shall be accompanied by a copy of the decree appealed from and of
the judgment on which it it is founded.
 The memorandum shall set fourth, concisely and under distinct heads, the grounds of
objection to the decree. Appealed from without any argument or narrative and such
grounds shall be numbered consecutively.

Review:

According to William C. Cochran, review means, “a second examination of a matter or

hearing of a suit. Review means consideration, inspection or re-examination of a subject or
thing. If a person is aggrieved by a decree or an order from which an appeal is allowed by
the Code or, where no appeal is allowed, he or she may apply for a review of a judgment to
the same court that passed the decree or made the order, and the Court may make
decisions thereon as it thinks fit, taking into account.

Grounds of Review:

Review of a decree is permissible on the ground

• Any new and important matter or evidence is discovered, which after the exercise of
due Diligence was not within a party’s knowledge, or could not be produced by him at the time
When the decree or order was passed; any mistake or error apparent on the face of the record;
and any other sufficient reason.

 Review is possible almost in every judicial organs

 Correct all errors committed by the subordinate court
 A review is not an appeal in disguise; it is not because a conclusion is wrong but
because something obvious has been overlooked.
 The object of review is neither to enable a court to rehear the matter or write a
second judgment or to give a second innings to the party who has lost the battle
because of his negligence.
 Review is allowed when an old document is recently discovered.
 Right of review can be exercised only in case of excusable failure on the part of the
applicant
  The basic philosophy inherent in the recognition of the doctrine of review is
acceptance of human fallibility.

Section 114 of CPC, 1908 has stated about who can apply for review. According to the
section, a person aggrieved by a decree or order may apply for review of a judgment.
The term a “person aggrieved” means a person who has suffered a legal grievance or
against whom a decision has been pronounced which has wrongfully deprived him of
something or wrongfully refused him something or wrongfully affected his title to
something.

Form of Application of Review:

Rule 3 of Order 47, CPC, 1908 has prescribed the form of an application of review. According to
the rule, the provisions as to the form of preferring appeals shall apply, mutatis mutandis, to
applications for review.

Rejection of the Application:

According to the rule 4(1) and 6 of Order 47, CPC, 1908 where it appears to the court that there
is not sufficient ground for a review, the court shall reject the application.

It is stated in rule 4(2) (a), Order 47 of CPC, 1908 that the application of review will not be
granted unless the applicant does not serve a notice to the opposite party.

Decision on Majority: There such application is heard by two or more judges, and there are
majority of opinion, the decision shall be according to the opinion of the majority.

Revision:

Revision means re-examination of cases that involve the unlawful assumption, non-exercise or
irregular exercise of jurisdiction, especially in relation to an error of law. Revision applies where
no appeal lies. Unlike appeal, revision is a discretionary power of the court and, in revision; the
court cannot review evidence unless it is empowered to do so by statute. In this fashion it
differs from both appeal and review. Only the High Court Division and the District Judge Court
have the power to revise.

Revisional Power:

Under the Revisional power granted by section 115, CPC, 1908, may exercise its Revisional
jurisdiction. Section 115(1), conferred Revisional jurisdiction to the HCD. Under the section the
HCD may grant an application for revision made by any aggrieved party to a suit, if such party is
aggrieved by, any decree or order passed by a Court of District Judge or Additional District Judge
(in such case the condition of being appealable order or decree is not imposed) or any decree
passed by a Court Joint District Judge, Senior Assistant Judge or Assistant Judge, not being
appealable.

Section 115(2), CPC, 1908, has conferred revisional power to the District Judge The underlying
object of sec. 115, CPC, 1908, is to prevent subordinate courts from acting arbitrarily,
capriciously and illegally or irregularly in the exercise of their jurisdiction. It cloths the High
Court with the powers to see that the proceedings of the subordinate courts are conducted in
accordance with law within the bounds of their jurisdiction and in furtherance of justice.

The revisional power under the CPC, 1908, has been conferred by section 115 of CPC, 1908. The
same section has enunciated who may exercise the power conferred under this section. The
revisional power under the CPC, 1908, can be exercised by,

 The High Court Division; and

 The District Judge.

The revisional power of the Court is a purely discretionary power of the court. It cannot be
claimed as right.

Grounds of Revision:

In Section 115 of the CPC, there are only three grounds for revision, which are:

1. When the lower court meditates on a matter on which it has no jurisdiction.

2. There was authority, but it was not exercised.
3. Jurisdiction has been applied illegally or irregularly. Section 115 shall thus prevent
subordinate courts or lower courts from acting arbitrarily, illegally, irregularly or
capriciously.

Difference between appeal and revision:

APPEAL REVISION

1. Any court with higher authority than 1. The power of revision of a case
the one in which judgment is lies only in the High Court
passed.

2. An appeal is preferred to higher 2. Revision is preferred to High

/superior Court. (including High Court) court.

3. Right to appeal is statutory right. 3. Right of revision is discretionary.

4.Ground of appeal may be question 4. Ground of revision is always
Of law or fact. related with point of jurisdiction
exercised by lower Court.

Difference between appeal and Review:

APPEAL REVIEW

1. It is an application or petition to 1. Review means to reconsider, to look

appeal to higher Court for again or to re-examine. In legal sense, it
consideration of the decision of lower is a judicial re-examination of the case
court. It is the power of the court to re- by the same court and by the same
examine a matter Judge.

2. Appeal is heard by different judge. 2. In review same judge reconsiders

order or judgment passed by him.

3. Ground of appeal may be question of 3. The ground of review is finding new

law or fact. evidence, error on face of record or like
sufficient reason.

4. The aggrieved party is not satisfied 4. No right of appeal is allowed to an

with the decision of lower court or aggrieved party, he can file a review
when substantial question of law arises application.

Difference between Review and Revision:

Review Revision

1. No right of appeal is allowed to an 1. No right of appeal is allowed to a

aggrieved party, he can file a review
party, he can file a revision application.
application.

2. Review of an order or decree can be 2.Revisional power is exercised when

 done even if an appeal lies to the High no appeal lies to the High Court
Court.

3.The grounds for review are different 3. The grounds for revision is mainly
on jurisdiction errors.

4. A review is done by the court who 4. Revisional jurisdiction can be

has passed the order or decree itself. exercised only by the High Court.

Conclusion:

Whenever a matter is decided is the Court and the judge passes a decree or order then there
might be circumstances where there has been any mistake or error, or a party is aggrieved by
the order or decree or, there can also be circumstances where the subordinate court is doubtful
on such question of law. And, a general rule once a judgement is pronounced it cannot be
altered by the same court. So the provision of review, reference and revision have been
inserted under the legal system to avoid a miscarriage of justice.