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ABHILASHA PHALORH (HRD)     18 December 2009

Difference - Review and Revision

Can anyone guide me the difference between the review application and Revised Petition ?



Learning

 6 Replies

Arvind Singh Chauhan (advocate)     18 December 2009

Review is confined only to clerical or earthmatical error., While revision is broad in sence, in revision court can go through the facts and evidence of the matter, and aleter the order accordingly.

1 Like

tarun goyal (Govt. service)     18 December 2009

dear abhilasha, review is not confined to clerical or arithmatical error. it also involves review of the decision whether some question of fact or law has been wrongly interpreted. there is specific provision for the difference between the two terms in CPC as well as Cr. PC.

1 Like

ABHILASHA PHALORH (HRD)     18 December 2009

Thanks for the response. Need some more input. You mention that there is a specific provision in CPC - could you give details and also confirm whether missed out pertinent fact can be included in review. A pertinent fact that would cause the decision of deciding body to be changed.


(Guest)

Please note appeals and Revision under the Criminal procedure code are review procedure.  In other words the decisions of the lower court are scrutinised and corrected by the Superior courts in criminal matters. The lower criminal court which has passed the order can review its order under s.362 only to correct clerical or arithmetical orders.

In contrast in Civil Procedure code - the courts which passed the order or decree has to a large extent wider powers to review its own order. Refer S.114 of Civil Procedure code which is not the case u/s 362 of Criminal procedure code.

In CPC Order XLVII Rule 1 to 9 apply for Review. As per S.115 of CPC Revision shall lie only to HIGH Court. Orders and Rules are part of civil procedure code and not criminal procedure code.  In criminal procedure you will have to refer to sections of criminal procedure code. You are right orders and rule apply only to CPC.

Shree. ( Advocate.)     20 December 2009

Power of revision is exercised by a superior court to a court which decides a case, but the power of review is exercised by the same court which passed the decree or order. Power of revision is exercised only when there is no appeal to the High Court but review can be made ever when such appeal lies.

v.lakshminarayanan (prop)     29 December 2009

dear mr.shree

but pl tell me if a review can be filed even if an appeal or revision in the high court has already been dismissed.

yours

v.lakshminarayanan

palani


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