Section 114 and Order 47 of the Civil Procedure Code provide the right to review the judgment. Section 114 provides only the right to review the judgment and Order 47 of CPC provides limitations and conditions.
What is the Review of Judgment?
The review of a judgment is to examine or study again the facts and judgment of the case. Review of judgment is the substantive power of review by the court, as mentioned in Section 114 of CPC. This section doesn’t provide any limitations and conditions for review. Order 47 of the Civil Procedure Code provides the limitations and conditions.
What is the time limit for filing the Review application of Judgment?
As per the Supreme Court Rules, 1966, the Review application shall be filed within 30 days from the day the judgment or order passed. An appeal against any sentence or judgment in High Court, shall be filed within 60 days from the day of judgment.
Need of Application for Review of a Judgment?
The power of review is distinct from the Court’s power to hear appeals, i.e. the appellate jurisdiction. When hearing a review petition filed against its own order or judgment, the Court does not rehear the case at hand, as it would in an appeal. The purpose of a review petition is limited to remedying an apparent error or the resultant grave injustice that has resulted from a decision of the Supreme Court.
FAQ For Application for Review of a Judgment
Q1. What is the purpose of the review petition?
Ans – The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Taking into consideration the principle of stare decisis, courts generally do not unsettle a decision, without a strong case.
Q2. What is a review application in court?
Ans – The Code of Civil Procedure grants the Right of Review as a remedy to be sought for and applied under certain criteria and circumstances.
Q3. When can a court reject an application for review?
Ans – As per Sub-ruleWhat is the time limit for review application? 1 of Rule 4 of Order 47 of CPC, where it appears to the Court that there is not sufficient ground for a review, it shall reject the application.
Q4. What is the time limit for reviewing the application?
Ans – Limitation: No application for review shall be entertained unless it is filed within thirty days (30)from the date of receipt of a copy of the order sought to be reviewed.
Application for review of a judgment
(Under Or. 47, r. 1 of C.P. Code)
A.B. ………… ………… ………Plaintiff.
Versus
1. C.D.
2. E.F. ………… ………… ……….Defendants
The above-named defendants most respectfully sheweth:
1. That the plaintiff instituted a suit against the petitioner-defendants in this court and obtained a judgment and a decree in his favour on…………
2. That no appeal is allowed against the said judgment/decree by law. (Or, no appeal has been preferred against the said decree/judgment).
3. That the defendants are aggrieved with the said judgment/decree and pray for review of the said judgment/ decree on the following, amongst others, Grounds
(a) Discovery of new and important matter or evidence.
(b) Discovery of some mistake or error apparent on the face of the record. (c) Any other sufficient reason. It is, therefore, prayed that Your Honour may be pleased to
(i) set aside the judgment;
(ii) re-hear the suit and pass judgment accordingly
