Review is a judicial re-examination of the case by same Court and by the same Judge. Thus, Section 114 confers a right of review if the conditions precedent laid down therein are satisfied and lays down the procedure under Order XLVII for it.
Order XLVII Rule 1 states that a party aggrieved by a decree or order may apply for a review of judgement not only where no appeal is allowed from it, but also where an appeal is allowed but no appeal is preferred by him. The fact that some other party to the decree has preferred an appeal is no bar to an application for review of judgement.
The application for review can be made on the following grounds,
- discovery of new and important matter or evidence, which after the exercise of due diligence could not be produced by him at the time when the decree or order was passed.
- mistake or error apparent on the face of the record.
- for any other sufficient reason. The phrase ‘sufficient reason’ is wide enough to include a misconception of fact or law by a Court or even an advocate.
If the judgement is based upon any proposition of law which is reversed by a subsequent decision of superior Court, it shall not be a ground of review.
The review jurisdiction of the Court can be invoked within 30 days from the date of decree or order.
Asked in 2015 JCJ Mains in A.P. 3 Marks Question
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Other Topics of the Subject
- An Introduction to C.P.C.
- Types of Jurisdiction
- Essentials of a suit
- Place of suing or Territorial Jurisdiction
- Summons to Defendant
- Written Statement
- Special Rules of Defence
- Set Off
- Legal Set-off Vs. Equitable Set-off
- Set-off Vs. Counter-claim
- Discovery and Inspection
- Production of Documents
- Summoning of Witnesses
- Judgement and Decree
- Execution of Decrees
- Courts which can execute decrees
- Temporary Injunction
- Withdrawal of suits
- Compromise of suits
- Interpleader Suits
- Suits by indigent persons
- Summary Suits
- Powers of Court
- Alternative Dispute Resolution (ADR)
- A claim petition in execution proceedings is dismissed on merits. What is the remedy available to the claim petitioner? Explain.
- Explain the ingredients essential to invoke review jurisdiction by Court.