Define Reference review and revision and distinguish them?

Difference between Reference review and revision and distinguish them?

CIVIL Dec 23, 2019 0 Add to Reading List

Define Reference review and revision and distinguish them?

Reference
A. Nature and Scope
Section 113 of the Civil Procedure Code empowers a subordinate court to state a case and refer the same for the opinion of the High Court. Such an opinion can be sought when the code itself feels some doubt about a question of Law. The word ‘Court’ wherever it occurs in the code means a Court of Civil Judicature. The reference can only be made by a Court but not by a persona designate.

Review
One of the methods for removing any error from any order decree or judgment is to review the case. Such error may be removed from any decree/order/judgment by reviewing the case. Under Section 114 and order 47 of the Code of Civil Procedure 1908, provision has been made for such review.

Revision
Revision is also an important method of correction in any order or judgment. Under Section 115 of the code of Civil Procedure 1908, provision has been made for revision.

Difference Between Revision and Review

Reference	Revision
In reference, the case is referred to the High Court by a court subordinate to it.	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.
The ground for reference is the entertainment of some reasonable doubt by the Court trying the suit, appeal or executing the decree with regard to a question of law or usage having the force of law.	The ground for revision, on the other hand, relates to jurisdiction, viz., want of jurisdiction, failure to exercise jurisdiction or illegal or irregular exercise of jurisdiction.

Difference between Reference and Review:

Reference	Review
In reference, the subordinate court refers the case to the High Court	In review, an application is made by the aggrieved party.
The High Court alone can decide matters on reference	An application for review is made to the court which passed the decree or made the order.
Reference is made during the pendency of the suit, appeal or execution proceedings,	Application for review is made to the court after it has passed the decree or made the order.
Reference is made by the court trying the suit, appeal or executing the decree when it entertains reasonable doubt with regard to any question of law or usage having the force of law.	The grounds of review may be the discovery of new and important matter or evidence, some apparent mistake or error on the face of the record or any other sufficient reason.

Difference between Revision and Review

Revision	Review
The power of revision is exercised by the court superior to the court which decided the case	The power of review is exercised by the very court which passed the decree or order.
The power of revision is conferred on the High Court only	Any court can review its judgment
Revisional powers by the High Court can be exercised only in a case when there is no appeal to the High Court	The review can be made even when the appeal lies to the High Court therein
The ground for revision relates to jurisdiction, viz., want of jurisdiction, failure to exercise jurisdiction or illegal or irregular exercise of jurisdiction,	The ground of review may be The discovery of new and important matter or evidence, Some apparent mistake or error on the face of the record, or (c) any other sufficient reason.
In revision, the High Court can, of its own accord, send for the case,	For review, an application has to be made by the aggrieved party.
No appeal lies from an order made in the exercise of revisional jurisdiction,	The order granting review is appealable.