Review under Code of Civil procedure Code An overview

1. INTRODUCTION:

The word Review denotes a judicial re-examination of the case. The Review of the Judgment means to examine or study again the facts and judgment of the case. This review of the judgment is mentioned under section 114 of the civil procedure code 1908 and the limitations and conditions to this section 114 are mentioned under order 47 of the civil procedure code. The Right to review the judgment is granted by the civil procedure code in order to correct any mistakes that are made in the decision of the court and there are also certain grounds under which this right of review will be granted and there are also grounds under which these rights can be rejected. So this article will provide the overview of the concept of Review under the civil procedure Code 1908.

2. REVIEW UNDER CPC:

As per section 114 of the CPC any person aggrieved by the decree or order from which an appeal is allowed but not filed , or a decree or order from which no appeal is allowed can file a review petition in the same court which passed decree or order by the following circumstances.

Where a decree or order is passed should be appealable under the CPC and where the Appeal is not preferred

Where a decree or order is passed which is not appealable under the CPC and

Where a decision is given on a reference from a small causes court.

The order 47 explains the procedures for review, the explanation of rules in order 47 of CPC are as follows,

The Rule 1(1) states about the application for review of judgment any person consider himself aggrieved can apply for the review petition, but can file the review petition only under certain conditions i.e. Where a decree or order is passed should be appealable under the CPC and where the Appeal is not preferred, Where a decree or order is passed which is not appealable under the CPC and Where a decision is given on a reference from a small causes court. and who, upon the discovery of new and significant information or evidence that, after exercising due diligence, he was either unaware of or unable to produce at the time the decree or order was passed, or who, for any other sufficient reason, wishes to obtain a review of the decree or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order.

The Rule 1(2) states that the person who, upon the discovery of new and significant information or evidence that, after exercising due diligence, he was either unaware of or unable to produce at the time the decree or order was passed, or who, for any other sufficient reason, wishes to obtain a review of the decree or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order.

The Rule 2 which states about to whom the applications for review may be made was repelled by the code of civil procedure (Amendment) Act, 1956 (66 of 1956) s. 14.

The Rule 3 explains about the form of applications for review, the provisions as to the form of preferring appeals shall apply, mutatis mutandis to applications for review.[1]

2.1 GROUNDS FOR REVIEW OF JUDGMENT:

New evidence discovery: A review petition may be filed if new information comes to light that was either not submitted by the deceased at the time of the decree or was not known to them at that time.

Error or mistake: A review petition may be filed if an error or mistake is discovered that is evident from the record and does not require further evidence to support it.

No Right to Appeal: The dead may submit a review petition if the order's decree prohibits them from filing an appeal. Appealable decision: If the decedent did not file an appeal after the decision against him was authorized to be appealed, a review petition may be filed.

Appealable Decree: A review petition may be filed if the decedent did not appeal the decree against him, even if an appeal is permitted.

Any other grounds: If the court determines that a party has enough justification, the party may submit a review petition.

And if the application was granted as per Rule 4 (2) it also ensure that all the application were granted with the previous notice to the opposite party and it enable him to appear and be heared in support of the decree or order, a review of which is applied for and also no such application should be granted on the discovery of new matter or evidence which the applicant alleges was not within his knowledge or could not be adducted by him when the decree or order was passed or made, without strict proof of such allegation.

Application for Review in court consisting of two or more Judges:

The Review should be heard by the same judge or by the same court. Because the review of the judgment will be effective only if it was reviewed by the same judge. In case if the same judge is not available then any court with competent jurisdiction can hear the case. Also in the case if the judge is absent for the period of six months or more from the date of filing the review application then the competent court can deal with such cases.[2]

2.2 GROUNDS FOR REJECTION OF REVIEW OF JUDGMENT:

According to Rule 4 (1) when there are no sufficient grounds for review, then it shall reject the application. If there is no discovery of new facts, error or mistake or by any other sufficient grounds the Judges or court can reject the review of the Judgment.

If the review is not filed within the time period then in that case the review of the judgment can be rejected

If the appeal is already on the reviewed order then also the review will get rejected

If the applicant did not appear before the court on the fixed date for the review in that case also the review will be rejected unless they dont provide the sufficient grounds

Also according to Rule 6 where the application for a review is heard by, more than one judge and the court is equally divided the application will be rejected. And the decision will also be taken according to the opinion of the majority.[3]

2.3 ORDER OF THE REJECTION IS NOT APPEALABLE

According to Rule 7 of CPC the order of rejection of review application is appealable. Only in case if the application is rejected by the failure of appearance of the applicant on the fixed date of hearing I that case the applicant can apply for an order to restore the application if he proves there is a sufficient cause for his non appearance. And the opposite party also must be notified about the status of the Review application.

2.4 REGISTRATION AND ORDER FOR RE- HEARINGS

As per Rule 8 of CPC, when the review application is granted a note shall be made in the register and the court may at once rehear the case or make such order in regard to the re- hearings as it thinks fit.

2.5 BAR OF CERTAIN APPLICATION

Once the review order is passed, then there will be no other further review of any order or any decree or any judgment on the review order.

3.TIME LIMIT FOR FILING THE REVIEW OF THE JUDGMENT

The review of any judgment should be filed within 30 days from the day of the judgment or order passed. For the appeal against any judgment in High Court shall be filed within 60 days from the days of Judgment. And for the appeal against the death sentence the limitation period is 30 days from passing the order.

4.CONCLUSION:

This power of review is the right which is provided by the court and the section 114 and order 47 of the CPC provides and the right to review and limitations and condition of Review. And this application of the review will be granted only is there are sufficient grounds and this application of review will also rejected by court in case if there is no sufficient grounds and once the order of the review is passed no other application will be entertained on the passed order of an review. From all these above mentioned sections it can concluded that the CPC contributes significantly to the fair and effective functioning of the civil justice system of India.

REFERENCES:

[1] The code of civil procedure, 1908 arrangement of sections - India code available at: https://www.indiacode.nic.in/bitstream/123456789/2191/1/A1908-05.pdf (last visited on 4 January 2024)

[2] Choudhury A, Review Jurisdiction of Supreme Court of India: Article 137 (SSRN, 2 November 2012) available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2169967 (last visited on 5 January 2024)

[3] Dogra V, Review of Judgement under CPC (iPleaders, 5 January 2019) available at: https://blog.ipleaders.in/review-judgement-cpc/ (last visited on 5 January 2024)