Introduction
Civil
Procedure code has granted right of reviews, but this right has been made subject
to procedure, conditions and limitations, which have been prescribed in rules
of order 47 of Civil Procedure Code. Right of review is a substantive right,
the main object of which is to enable the courts to correct errors, in the
decisions pronounced by them. If the decree or an order or made on the basis of
some record and there has been some mistake or error apparent on the face of
record or some new and important matter or evidence is discovered after the
passage of decree or order or another such sufficient reasons, the application
of review, may be made by the aggrieved party.
2.
Relevant Provisions
Section
114, Order 41 Rule 1 of CPC
3.
Initiation of Review Proceedings
The
review proceedings will be initiated, on the application of an aggrieved party
or person, i.e party or person who has legal grievance.
4. Court in which Review application can be filed
An application for review shall lie to the
following authorities.
(i) Review application against decree or order
of High Court
When
decree or order, against which reviewed is prayed, is that of High Court,
review application should be filed before any judge of High Court.
(ii)
Some judge or his successor
When
the decree or order is that of court, other than High Court, it shall be
reviewed by same judge or his successor, if the review application is filed by
aggrieved person on the following grounds
(a) Discovery
of new and important matter or evidence, or
(b) A
clerical or arithmetical mistake, apparent on the face of the decree
5. Grounds of Review
Review
application can be filed on basis of either of following grounds
(i)
Appealable Decree or Order
When
any person is aggrieved by a decree or order and appeal is allowed against such
decree or order, but appeal is not filed, review
application can be filed against such decree or order.
(ii)
No Right of Appeal allowed
Where
no right of appeal is allowed to an aggrieved party, he can file a review
application.
(iii)
Discovery of new and important matter or evidence
When
new and important matter or evidence is discovered, but such matter or evidence
was not within knowledge of aggrieved person or such matter or evidence could not
be produced by aggrieved person at that time when decree or order was passed,
review application can be filed.
(iv)
Mistake or error
When
any mistake or error is apparent on face of record, and not require any extra
evidence to establish it, than a review application can be filed.
(v)
Any other sufficient Ground
Party
may apply for review, an order or decree when there is any other sufficient
ground or reason, review application can be filed.
6. Rejection of Application of Review
Application
for review may be rejected
(i) Where
it appears to the court, that there is no sufficient reason for review.
(ii)
Where an application for review is heard by more than one judges, and the court
is equally divided.
7.
Order of Rejection non-Appealable
No
appeal lies, from on order rejecting an application for review.
8. Limitation Period Application of Review
The
application for review provides period of 90 days from date of the decree or
order except in case mentioned in sec 161 and 162 of limitation act 1908 which respectively
deal with the review of judgment or decree of the small causes court and the
High Court.
Conclusion
To
conclude that court possesses dis cretionary power to allow review application.
However, it is necessary that such power should be exercised judicially.
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