REVIEW (SECTION-114 AND ORDER -XLVII)

Updated: May 20

MEANING- Review means re-examination or reconsideration of the case by the same judge. It is a judicial re-examination of the case by the same court and by the same judge. In it, who has disposed of the matter, reviews his earlier order in certain circumstances.


SECTION 114 AND ORDER XLVII- The provisions relating to review are provided in section-114 ( substantive right) and order XLVII ( Procedure). the general rule is that once the judgment is signed and pronounced or an order is made by the court, it has no jurisdiction to alter it. Review is an exception to this general rule.


SECTION- 114 :

REVIEW: Subject as aforesaid any considering himself aggrieved :

a- By a decree or order from which an appeal is allowed by this code, but from which no appeal has been preferred;

b- By a decree or order from which no appeal is allowed by this code, or

c- By a decision on a reference from a court of small causes,

May apply for a review of judgment to the court which passed the decree or made the order and the court may make such order thereon as it thinks fit.


WHO MAY APPLY TO REVIEW:

Any person aggrieved by a decree or order may apply for a review of judgment where no appeal is allowed or where an appeal is allowed but no appeal has been filed against such decree or order or by a decision on a reference from a small cause.

An aggrieved person means a person who has suffered a legal grievance or against whom a decision has been pronounced which has wrongfully deprived him of something or wrongfully refused in something or wrongfully affected his title to something.

A party who has the right to appeal but does not file an appeal, may apply for a review of the judgment , even if notwithstanding the pendency of an appeal by some other party, excepts?

i- Where the ground of such appeal is common to the applicant and the appellant, or

ii- When, being respondents, he can present to the appellate court the case on which he applies for the review.


GROUNDS OF REVIEW- ORDER XLVII, Rule (1) provides the following grounds:

1- Discovery of new and important matter or evidence, which after the exercise of due diligence, was not within his (aggrieved person) at the time the decree was passed or order made, or

2- On account of some mistake or error apparent on the face of the record, or

3- For any other sufficient reason.

Explanation to section 114 specifically provides that “ the fact that the decision on a question of law or which the judgment of the court is based has been reserved or modified by the subsequent decision or superior court in any other case, shall not be a ground for review of such judgment.


PROCEDURE- Where the court is of the opinion that there is not sufficient ground for a review. It shall reject the application, otherwise, it shall grant the same, but no such application shall be granted without previous notice to the opposite party to enable him to appear and be heard in support of the decree or order, a review of which is applied for. where more than one judge hears a review applicati0n and the court is equally divided the application shall be rejected.


APPEAL AGAINST ORDER ON APPLICANT U/S 114-

An order of the court rejecting the application shall not be appealable, but an order granting the application may be objected to at once by an appeal from the order granting the application or in an appeal from the decree or order finally passed or made in the suit.


BAR OF CERTAIN APPLICATION-

No application to review an order made on an application for a review or decree or order passed or made on a review shall be entertained.

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