Appeal

Meaning:

• Appeal = a statutory right given by law to challenge the decision/decree/judgment of a lower court before a higher court.
• It is a continuation of proceedings – higher court re-examines law + facts.

Legal Provisions:

• Civil → CPC, 1908 (Sections 96–112, Order XLI–XLIII).
• Criminal → CrPC, 1973 (Sections 372–394).
• Special Acts also provide Appeals (HMA, DV Act, NI Act, Consumer Act etc.).

✅ Example:

• Trial Court grants divorce decree → aggrieved spouse can file First Appeal under Section 96 CPC.

Judgement:

• State of Haryana v. Darshana Devi (1979) 2 SCC 236 → Appeal is a creature of statute; no inherent right unless expressly given.

Review

Meaning:

• Review = same court re-examines its own judgment on limited grounds (error apparent, discovery of new evidence, or other sufficient reason).
• It is not rehearing of the case; scope is very narrow.

Legal Provisions:

• Civil → Sec. 114 CPC & Order XLVII Rule 1.
• Criminal → No review, except clerical/arithmetical correction (S.362 CrPC).
• Constitution → Article 137 (Supreme Court’s power of review).

Example:

• Supreme Court delivers a judgment → later realises apparent error on record → party can file Review Petition under Art. 137.

Judgement:

• Lily Thomas v. Union of India (2000) 6 SCC 224 → Review cannot be an appeal in disguise.
• Northern India Caterers v. Lt. Governor of Delhi (1980) 2 SCC 167 → Review is maintainable only for “error apparent on face of record”.

Revision

Meaning:

• Revision = supervisory power of High Court to ensure that lower courts act within jurisdiction and there is no miscarriage of justice.
• It is not a right, but discretionary power of High Court.

Legal Provisions:

• Civil → Section 115 CPC.
• Criminal → Sections 397–401 CrPC.

Example:

• Trial Court wrongly admitted a case beyond its jurisdiction → party may approach High Court under Revision.

Judgement:

• Amar Nath v. State of Haryana (1977) 4 SCC 137 → Revision jurisdiction is limited; cannot be treated as an appeal.
• Major S.S. Khanna v. Brig. F.J. Dillon (1964) AIR 497 → Revision is to correct jurisdictional error, not re-appreciate evidence.

Recall

📌 Meaning:

• Recall = court sets aside/quashes its own order when it was passed without jurisdiction, without notice, or by mistake.
• Broader than Review but not a substitute for Appeal.

Legal Provisions:

• Not specifically provided in CPC/CrPC → it flows from inherent powers (S.151 CPC / S.482 CrPC).
• Supreme Court & High Courts can recall orders passed without hearing necessary party, or obtained by fraud.

Example:

• Court passes ex parte order without hearing one party → that party can file Recall Application before same court.

Judgement:

• Grindlays Bank Ltd. v. Central Govt. Industrial Tribunal (1980) Supp SCC 420 → Tribunal can recall an ex parte award.
• Kapra Mazdoor Ekta Union v. Birla Cotton Spg. Mills (2005) 13 SCC 777 → Recall is justified where order was passed without hearing a necessary party.

Comparison Table

Final Takeaway for Law Interns & Juniors

• Appeal = Right to challenge before higher court.
• Review = Limited recheck by same court.
• Revision = High Court’s supervisory check.
• Recall = Same court nullifies its order passed without hearing/jurisdiction.