How to Challenge a Court Order Bangladesh: Revision, Review, and Appeal

In Bangladesh, court orders can be challenged through three main mechanisms:

• Appeal: A superior court rehears the case on merit — both facts and law.
• Revision: A superior court examines only whether the lower court had jurisdiction and whether it followed proper legal procedure — not a rehearing on facts.
• Review: The same court that passed the order is asked to reconsider it based on specific grounds.

Selecting the correct route depends on the nature of the order, the court that passed it, and the grounds of challenge. A Supreme Court lawyer in Dhaka is essential for High Court and Appellate Division challenges.

An appeal is the most comprehensive challenge — the superior court effectively re-examines the case, both the factual findings and the application of law. Key features:

• Available as a right in most cases (statutory right of appeal).
• Goes to a higher court: District Court appeal from Magistrate Court, High Court appeal from District Court, Appellate Division from High Court.
• Can challenge findings of fact, evaluation of evidence, and legal errors.
• For criminal cases: the State can also appeal against acquittals.

A revision petition under Section 115 of the Code of Civil Procedure (CPC) or Section 439 of the Code of Criminal Procedure (CrPC) allows the High Court to examine whether a subordinate court:

• Acted without jurisdiction or exceeded its jurisdiction.
• Failed to exercise jurisdiction it should have exercised.
• Acted with material irregularity or illegality in the exercise of jurisdiction.

Important: Revision is not a second appeal. The High Court in revision does not re-examine factual findings — it only examines jurisdictional and procedural errors. A revision cannot be used merely because you disagree with the decision on facts.

A review petition (Order 47 CPC) asks the same court that passed the order to reconsider it. Grounds for review are limited:

• Discovery of new and important evidence not previously available.
• A mistake or error apparent on the face of the record.
• Any other sufficient reason.

Review is the narrowest remedy — courts rarely grant review unless there is a clear error on the face of the judgment. It is not a mechanism to relitigate the case or introduce new arguments that could have been raised originally.

Time limits under the Limitation Act 1908 are strict — missing the deadline usually ends your right to challenge:

• Civil appeal to District Court: 30 days from the decree.
• Civil appeal to High Court: 90 days.
• Criminal appeal: 60 days from the date of conviction or sentence.
• Revision (civil): 90 days from the order.
• Revision (criminal): No strict limitation but delay must be explained.
• Review: 30 days from the date of decree/order.

Limitation can be condoned (extended) if you show sufficient cause for the delay — but courts are strict and delays must be genuinely explained. Act immediately after an adverse order.

Contact Advocate Md. Shah Alam in Uttara immediately upon receiving an adverse court order — delay costs legal rights.

Generally no — you should use the appropriate remedy. Filing a review and then a revision (or vice versa) can complicate your case. Choose the right mechanism based on the nature of the error with guidance from a lawyer.

Yes. A writ petition before the High Court under Articles 102 of Bangladesh Constitution challenges the constitutional validity of actions or laws, or enforces fundamental rights. Revision challenges ordinary procedural or jurisdictional errors in lower court orders. Both are different tools for different situations.

Yes. When filing a revision or appeal, you can simultaneously apply for a stay of the lower court order (execution of the decree). Courts often grant a conditional stay pending hearing of the revision or appeal.