Review and its Grounds under CPC

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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