I have the courage to go to high court and argue myself. Findings recorded by trial court without referring to any evidence of the parties and without discussing its legal effect after conscious application of mind would not withstand test of the word judgment as defined in section 2 a of C. Hence is it the discretionary power of the court to entertain your review petition or not and carefully exam the discrepancies. The question as to whether the appeal is competent or not can only be decided by the court hearing the appeal. As against this, in case of an order, may or may not clearly ascertains the rights of the plaint and defendant. He took the money for standing in election.
Civil Courts, according to their grades, have some limitation to try suits and entertain appeals for the value of money not exceeding some stipulated amount. Decree and order are analogous to each other. The Code of Civil Procedure also intends that once a consent decree is passed by Civil Court finality is attached to it. 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. The grounds on which the powers of revision and review can be exercised are different. Involves a question as to validity of any Act, Ordinance or Regulation or of any provision thereof, and ii.
It can be defined as the judicial examination by a higher Court of a decision of an inferior Court. Thus, the power of Revision lies at the discretion of the court. An order is nothing but a judgment while a decree is a final part of judgement. On the contrary, the Procedural law or adjective law, on the other hand, prescribes the procedure and machinery for the enforcement of those rights and liabilities. A revision does not abate in case of the death of a party even if the legal representatives are not brought on the record. The first appellate court is thus the last court where facts are also questioned. But in the case of a revision, whatever powers the revisional authority may or may not have; it has not the power to review the evidence unless the statute expressly confers on it that power.
Person aggrieved by an order passed by subordinate Court make application or 2. The first appellate court can hold that the conclusion arrived by the trial court on a particular fact is incorrect and on the basis of evidence available before the trial court hold that such a finding could not be returned. One should state actual problem rather asking academic queries. As such, it was enshrined in the preamble of the code that it was enacted to consolidate and amend the laws relating to the procedure to be followed in the civil courts having civil jurisdiction in India. The website is not responsible for omissions or information that might have changed but not updated. He reviewed the book for the magazine.
In revisional matters the High Court may decline to interfere if it is satisfied that substantial Justice has been done. Hence the Code of Civil Procedure, 1908 incorporated the provisions for inherent powers. The concept of 'appeal' has to be explained. The High Court can only do revision of any case which has been decided by any court subordinate to it. The power of revision is conferred on the High Court only, which is not so in the case of review. It is this 'Act' which bestows an appeal to a litigant against an order or a judgment passed by a civil court.
The legal announcement of the judgement taken by the court, defining the relationship of the parties, in the proceedings, is called an order. Then the Civil Procedure Code 1859 made applicable to these newly established High Courts. To have failed to exercise a jurisdiction so vested; or 3. The Civil Procedure Code governs the procedure that is to be followed in a typical civil litigation. This code is applicable in the scheduled areas of the erstwhile State of Madras Lakshadweep , the East Godavari, West Godavari and Visakhapatnam agencies Now in Andhra Pradesh State.
A second appeal lies to the High Court from every decree passed in appeal by a subordinate court only if the High Court is satisfied that the case involves a substantial question of law. Observe the two sentences: 1. He promised to repay it within January 2014 and signed a agreement for that. In Punjab National Bank vs. The grounds of revision are, however, different. If a party files an interlocutory application, the opposite party will be given an opportunity to file the counter for the same.
When it introduced the familiar concepts of appeal and revision, it is also reasonable to assume that the well-known distinction between these two jurisdictions was also accepted by the legislature. The Code of Civil Procedure is one of the important branches of procedural laws and it is the one regulating the procedure to be followed by the Civil Courts in India. Jain — The Code Of Civil Procedure-Incorporating The Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015 As Applicable To Commercial Dispute. On the other hand, the party aggrieved moves the High Court in revision for the exercise of its revisional jurisdiction, or the High Court may sua motu send for the case and examine the record. In such suits, the aggrieved party may prefer to appeal against the decision of the trial court. But any person can bring in a suit of civil nature as it is an inherent right. Explanation- In this section, the expression any case which has been decided includes any order deciding an issue in the course of a suit or other proceeding.
On account of some mistake or error apparent on the face of the record or iii. Section 2 14 of the Code of Civil Procedure Act, 1908. The Court shall endeavor to pronounce judgment within 30 days from the conclusion of hearing. There is an essential distinction between an appeal and a revision. Interlocutory applications are used in almost every civil proceedings. In the first sentence a person conducted a review of a book. Appeal is the right of entering a superior court and invoking its aid and interposition to redress the error of the court below.
Although it may have some limitations, but it is still efficient, simple, clear and enables the courts to deliver impartial justice. Civil Procedure Code: Scope The Code is exhaustive on the matters directly dealt by it but it is comprehensive in other issues. Act 138 within another fifteen days. Review can be made even when an appeal lies to the High Court. The Substantive Law, whether it is based on statute law or common law, defines what facts are constituting a fact or liability. Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes - 1 Where it appears to a District Court that a Court subordinate thereto has, by reason of erroneously holding a suit to be cognizable by a Court of Small Causes or not to be so cognizable, failed to exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so vested, the District Court may, and if required by a party shall, submit the record to the High Court with a statement of its reasons for considering the opinion of the subordinate Court with respect to the nature of the suit to be erroneous.