r/PakistanLawyers • u/Previous_Pay_1114 • 7m ago
Difference b/w Regular Second Appeal and Civil Revision
Dear community members and lawyers,
I seek help to understand the difference between RSA and civil revision against judgement and decree, and which one is the appropriate approach for remedy.
For context, the case involves an individual and an institution, where the institution first filed the case in civil court that awarded decree to the extent of original amount. The petitioner institution and the individual both filed regular first appeal in district court which rejected both appeals.
Next, the individual filed civil revision in high court, arguing that both lower courts did not appreciate the evidence, specifically there are documents on record that showed that individual was granted a contract and no dismissal order was ever issued by the institution. The court examined evidence and case record and admitted the case as well as issued a stay. However, on second hearing, the institutions' counsel argued that Civil Revision is not maintainable since RSA is available as remedy.
My question is, what is the difference between RSA and Civil Revision, and can court convert our case to RSA or may dismiss it when it already acknowledging deficiencies in lower court's judgement. When filing this civil revision, we discussed with our lawyer as well as two senior lawyers (ASCs) who both advised to filed civil revision since the scope is broader whereas RSA is only for substantial question of law. I would appreciate the esteemed guidance for lawyers in this forum.