Review

 Review

Section 114 and Order 47 of the Code lays down the provision for review. In legal sense, review means the judicial re-examination of the case by the same court Section 114 of the Code gives substantive right of review certain case and Order 47 provides the procedure for it. It is an exception to the general rule that once judgement is signed and pronounced by the court, it becomes fanctus officio it., cases to have control over the matter.

Grounds: Section 114 and Order 47 of the Code lay down following grounds on which review may be preferred by the aggrieved part:

1. In case where appeal is allowed against a decree or order but no appeal has been preferred by the aggrieved party.

2. In case where no appeal lies against a decree or order.

3. In case of judgment on a reference from a Court of Small Causes.

4. In case of discovery of new and important matter or evidence which, after the exercise of due diligence was not within this knowledge or could not be produced by him at the time when decree was passed or order mode.

5. In case of some mistake or error apparent on the face of the record

6. In case of other sufficient reasons.

Mistake or error apparent on face of record: An error is said to be apparent on face of record which is self-evident and requires no examination or argument to establish it . It may be a error of fact or of law. In an error which has to be established by detailed process of reasoning cannot be said to be error apparent on face of record.

No inherent power to review: It is well settled that the power of review is not an inherent power and is conferred by law either expressly or impliedly. If there is no power of review, the order cannot be reviewed [Lily Thomas v. U.O.I, AIR 2000 SC 1650].

Procedure  to be followed in case of review: order 47

1. An application is made by aggrieved party. The court cannot suo motu review a judgment. If there is no ground of review, the application will be rejected [Rule 4].

2. If application is to be granted, notice shall be sent to the opposite party to enable him to represent his case. If review is filed on ground of discovery of new matter, strict proof of the same shall be given [Rule 4 (2)].

3. The application shall be heard by the same judge who passed the order or decree unless:

• He is no longer attached to court, or
• He is precluded from hearing the case due to his absence or other cause for a period of 6 months after the application [Rule 5].

4. The matter will be reheard on merits by the court upon which the court may either confirm the original decree or vary.

Appeal: The party aggrieved by order granting application for review may appeal against it but an order rejecting an application is not appealable [Rule 7].