Review of judgment

Review

Sec.114 of the Civil Procedure Code 1908

“Any person considering himself aggrieved  --(a)   By a decree or order (from which is an appeal is allowed but from which no appeal has been preferred);
(b)   By a decree or order (from which no appeal is allowed);
-- may apply for review of judgment to the Court which passed the decree or order, and the Court may make such order thereon as it thinks fit.”

ORDER XLVII of the Civil Procedure Code 1908

Rule-1: “Any person considering himself aggrieved by a decree or order, and who, from the discovery of new or important matter or evidence which was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, may apply for a review of judgment to the Court which passed the decree or order."

Certain salient features in the Review Application:

    (1)  The principle involved in Order 47 Rule 1 is that – before making the review application no superior Court has been move for getting the self-same relief.
(2)   The review applications are not by way of an appeal and have to be strictly confined to the scope and ambit of Order 47 Rule 1.
(3)   The power of review is not to be confused with the appellate power.
(4)   Only persons who are directly and immediately affected by the order can be considered as ‘parties aggrieved’
(5)   A discovery of new material or evidence would entitle a party to apply for review.
(6)   An error apparent on the face of the record must be such an error which must strike one on mere looking at the record and would not require any long drawn process of reasoning.
(7)   When a review petition is entertained and the Court is satisfied that the order under review was erroneous at the face of it then the Court shall set aside the findings.

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