ES अपील से आप क्या समझते हैं? अपील की प्रक्रिया को समझाइए। अपील एवं पुनरीक्षण में क्या अन्तर है? स्पष्ट कीजिए।

 Appeal: Meaning and Explanation

An appeal is a legal remedy by which a party aggrieved by the decision of a lower court seeks a review of that decision by a higher court. It is a continuation of the original proceedings rather than a fresh suit. The appellate court examines whether the lower court has committed any error in applying the law or mis appreciating the facts of the case.

Procedure of Appeal

The procedure of appeal is governed by the Code of Civil Procedure, 1908 (for civil cases) and the Code of Criminal Procedure, 1973 (for criminal cases). The general steps involved in an appeal are as follows:

1. Filing of Appeal:

   • An appeal must be filed within the prescribed time limit, which varies depending on the case type.
   • The appellant submits a memorandum of appeal stating the grounds of challenge to the decision.

2. Admission of Appeal:

   • The appellate court examines whether there is a prima facie case for appeal.
   • If the court finds sufficient grounds, it admits the appeal; otherwise, it may dismiss it at the threshold.

3. Issuance of Notice:

   • If the appeal is admitted, the court issues a notice to the opposite party (respondent) to appear and contest the appeal.

4. Hearing of the Appeal:

   • Both parties present their arguments before the appellate court.
   • The appellate court reviews the evidence, legal principles, and reasoning of the lower court.

5. Decision by the Appellate Court:

   • The appellate court may confirm, modify, or reverse the decision of the lower court.
   • The court may also remand the case for a fresh trial if required.

6. Pronouncement of Judgment:

   • After hearing both sides, the appellate court delivers its judgment, which may uphold or overturn the previous decision.

Difference Between Appeal and Revision

Basis	Appeal	Revision
Definition	Appeal is a request to a higher court to review and change the decision of a lower court.	Revision is a review by a higher court to correct jurisdictional errors or illegalities in a lower court’s decision.
Scope	It involves re-examination of both facts and law.	It is limited to checking jurisdictional errors or legal irregularities.
Right to Approach	It is a statutory right given to the aggrieved party.	It is discretionary and depends on the court’s decision.
Multiple Appeals/Reviews	A case may have multiple appeals (First Appeal, Second Appeal).	Revision can be done only once in exceptional cases.
Nature	It is a continuation of the original proceedings.	It is not a continuation but a supervisory function of the higher court.
Outcome	The appellate court can confirm, modify, reverse, or remand the case.	The revisional court only rectifies jurisdictional errors and may not re-examine facts.

In summary, an appeal is a broader remedy available to an aggrieved party to seek a review of a decision, whereas revision is a narrower remedy where the higher court ensures that the lower court has acted within its jurisdiction.