Difference between Appeal and Review

Appeal and Review both involve a re-evaluation of a decision, but they differ in their scope and purpose. An appeal typically involves presenting a case to a higher authority, seeking a reversal or modification of a decision made by a lower body. On the other hand, a review usually entails a comprehensive examination of a decision by the same body or a neutral party to ensure its correctness or fairness.

What is Appeal?

An appeal is filed when one of the parties to a court judgment is dissatisfied with the outcome and chooses to challenge the ruling. The parties file an appeal for the reversal or modification of the decision in a higher court of law, hoping to obtain relief from the judgment. Therefore, an appeal is a request for a remand for the same case made by the party that was wronged. An appeal is seen as a people’s right and a means of obtaining justice in the majority of legal systems when a party believes the court’s judgment has mistreated it. A higher court of law always prefers an appeal. An appeal may be filed again if the first one is denied. There is always a party involved who files an appeal.

Key Features of Appeal:

• An appeal is filed when one of the parties to a court judgment is dissatisfied with the outcome and chooses to challenge the ruling.
• It’s a fundamental right in many legal systems, offering a pathway to justice when a party feels mistreated by the court’s decision.
• Appeals typically involve a higher court reviewing the lower court’s ruling for legal errors or misinterpretations.
• If an initial appeal is denied, parties may have the option to file subsequent appeals, though there may be limitations on the number allowed.

What is Review?

A party who feels wronged can ask a court to reconsider its ruling or verdict by using the review process. Review is utilized when there is no appeal provision. Since a judge has the power to deny a request for review, review is not a legislative right of the people. The same court that rendered the first ruling is requested for review. There isn’t a second review mechanism in place. A court of law may conduct a review on its own. Judicial review is an essential procedure that permits a case to be re-examined by the same judge and in the same court as the first judgment or order under Section 114 of the Code of Civil Procedure (CPC). This substantive right is outlined in Order 47 of the code, together with the prerequisites and procedures for initiating a review. Under Section 114 of CPC, the court may examine its own decision and make any required adjustments.

Key Features of Review:

• A review indicates a second look or a more thorough examination. The court is empowered under Section 114 to examine its own decision and make any required modifications.
• The sole window of time within which an application for review may be submitted is thirty days from the date of the judgment or decree. This deadline highlights how important it is to utilize the review process of the legislative framework as soon as possible.
• It is crucial to keep in mind that the right to review is bestowed by law, either expressly or by appropriate inference. Therefore, the court’s power to look into and correct injustices fulfills its duty to correct grave and obvious errors that it has made.

Difference between Appeal and Review

Basis	Appeal	Review
Meaning	An appeal is filed when one of the parties to a court ruling is unhappy with the decision and wants to challenge the verdict.	An aggrieved party may request a review in order to have a court of law reconsider its decision or ruling. The review process is used when there is no appeals process available.
Legal Applicability	Sections 96-105, CPC 1908.	Section 114, CPC 1908.
Order Under CPC	Order 41 to 45 of CPC 1908.	Order 47 of CPC 1908.
Right	Right to appeal is substantive right.	Right to review is discretionary.
Grounds	Significant question of legal issue.	Finding of new evidence.
Matters Considered	In appeal, both matter of facts and matter of laws are considered.	In review, only matter of law are considered.
Continuation of Proceedings	Appeal is a continuation of original proceeding.	Review is not a continuation of original proceeding.
Court	Appeal lies in the superior court.	Review lies in the same court.
Judge	Appeal is referred to a different judge.	Review is referred to the same judge.
Nature of Proceedings	Contested the accuracy of a court order.	Summary, not for re-adjudication.
Appealability	Submitted to the High Court.	Restricted reach, not as an alternative to appeal.
Re-examination	Second appeal is possible.	Second review is not possible.

Conclusion

Judicial re-evaluation can be achieved through review and appeal. While an appeal focuses mostly on whether the judgment itself is valid, a review primarily addresses whether the ruling’s legal issues are accurate. In contrast to an appeal, which is filed with a higher court, a review is submitted there. While review is a court’s discretionary power, appeal is a statutory right of the individual.

Appeal and Review- FAQs

What is the suo-moto review?

Suo moto, which means “on its own motion,” describes the authority’s right to intervene in a situation without the consent of the opposing side. This expression often describes acts that a court does without first requesting or receiving a motion from the parties.

Is a judicial review an appeal?

A judicial review looks at the decision made by an administrative tribunal or another administrative decision-maker. A justice of the Supreme Court decides whether the tribunal or decision-maker had the right to reach the conclusion it did. It’s not a request for help.

Can a review and appeal be filed simultaneously?

This is a question not specifically addressed by the Code of Civil Procedure. On this subject, nevertheless, differing viewpoints exist. Certain courts have ruled that it is not appropriate to conduct an appeal and review process concurrently.

Who are the parties to the appeal?

An appellant is a party to a lawsuit who files an appeal. An appellee is the party that the appeal is filed against in court.

What are the grounds for a review case?

• Discovery of new evidence
• Error on the face of the record
• Another sufficient reason

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