Revision

Definition:
Revision under the CPC refers to the process by which a higher court (usually a High Court) exercises its supervisory jurisdiction over the orders of subordinate courts. The purpose of revision is to correct jurisdictional errors, irregularities, or illegality in the exercise of jurisdiction by the subordinate courts.

Applicability:

• Section 115 CPC: Section 115 of the CPC provides for the power of the High Court to call for the record of any case which has been decided by any court subordinate to it.

Purpose:

• The purpose of revision is to ensure that subordinate courts have not acted beyond their jurisdiction or have not committed any material irregularity in the exercise of their jurisdiction.

Grounds for Revision:

• A jurisdictional error or irregularity in the exercise of jurisdiction by a subordinate court.
• Any illegality or material irregularity in the exercise of jurisdiction.

Scope:

• Revision allows for a broader scrutiny compared to review. It can examine both questions of law and fact, ensuring that lower courts have not acted beyond their jurisdiction.

Authority:

• Revision petitions are typically decided by a higher court (e.g., High Court) that has supervisory jurisdiction over the subordinate court.

Time Limit:

• There is no strict time limit prescribed for filing a revision petition, but it should be filed promptly.

Orders Relevant to Revision:

• Order XLVII CPC (Order 47): Provides for the procedure for filing an application for review.

Review

Definition:
Review under the CPC refers to the process of re-examining an order or judgment of a court for the purpose of correcting an error apparent on the face of the record, which is not correctable by any other means.

Applicability:

• Section 114 CPC: Section 114 of the CPC provides for the power of the court to review its own judgment or order.
• Order XLVII CPC (Order 47): Governs the procedure for filing a review petition.

Purpose:

• To correct errors of law or fact that are apparent on the face of the record.
• To address new and important matters or evidence which, after the exercise of due diligence, was not within the knowledge of the party seeking review.

Grounds for Review:

• Discovery of new and important matter or evidence.
• Mistake or error apparent on the face of the record.
• Any other sufficient reason.

Scope:

• The scope of review is limited to correcting errors that are apparent on the face of the record. It does not include re-evaluation of evidence or re-hearing of the case.

Authority:

• Generally decided by the same court that passed the original order or judgment.

Time Limit:

• A review petition must typically be filed within 30 days from the date of the judgment or order sought to be reviewed.

Orders Relevant to Review:

• Order XLVII CPC (Order 47): Provides for the procedure for filing an application for review.

Comparison in Table Format:

Aspect	Revision	Review
Definition	The higher court’s exercise of supervisory jurisdiction over the orders of subordinate courts.	The re-examination of an order or judgment of a court to correct an error apparent on the face of the record.
Applicability	Section 115 CPC	Section 114 CPC
Purpose	Correcting jurisdictional errors or irregularities in subordinate court decisions.	Correcting errors of law or fact apparent on the face of the record.
Grounds	Jurisdictional error, irregularity, or illegality.	Discovery of new and important matter or evidence, mistake or error apparent on the face of the record.
Scope	Broad scrutiny of both law and facts.	Limited to errors apparent on the face of the record.
Authority	High Court or equivalent higher court.	Same court that passed the original order or judgment.
Time Limit	No strict time limit, but should be filed promptly.	Typically within 30 days from the date of the judgment or order.

Conclusion

In summary, Revision and Review under the CPC serve different purposes and are governed by different provisions. Revision allows a higher court to correct jurisdictional errors or irregularities in subordinate court decisions, while Review allows a court to correct errors apparent on the face of the record of its own decision. Understanding these distinctions is crucial for parties seeking to challenge judicial orders or judgments under the CPC, ensuring they choose the appropriate legal recourse based on the circumstances of their case.