THE PROVISIONS OF REVIEW UNDER CPC

December 15, 2023
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The Code of Civil Procedure grants the Right of Review as a remedy to be sought for and applied under certain criteria and circumstances. This right is intended to rectify any error or mistake that may have been made in the court’s ruling. Many restrictions and criteria are listed in Order 47 of the Code of Civil Procedure with regard to this right.

section 114 cpc: About

A review petition may be submitted in the same court that issued the decree or order on the following reasons by anybody who feels wronged by a decree or order in which an appeal is permitted but not filed, or by a decree or order form in which no appeal is allowed, as per section 114 cpc bare act.

  • When a decision is rendered following a referral from a Small Causes Court;
  • When a decree or order is issued that is subject to appeal under the CPC but no appeal is filed, and 
  • When a decree or order is issued that is not subject to appeal under the CPC.

In addition, there are rationales for the submission of a review application. These rationales comprise:

  • The finding of additional information after it was either unavailable or impossible to collect at the time the order was made due to neglect
  • The error that is readily apparent on the surface of the record, which pertains to errors that do not require repeating the case in its entirety or that have nothing to do with poor judgment calls
  • Any more sufficient grounds permitted by the Code, in which case the court’s misinterpretation could be deemed a legitimate basis.

section 114 cpc: Grounds

  • A review petition may be filed in cases where new information comes to light that was either not known by the dead at the time of the decree or was not filed by them.
  • A review petition may be filed if an error or mistake is found that is evident from the record and does not require further evidence to support it.
  • The deceased may submit a review petition if the order’s decree prohibits them from appealing.
  • A review petition may be filed if the decedent did not appeal the decree against him and an appeal is permitted.
  • A party may submit a review petition if the court determines that it has enough justification.

section 114 cpc limitation

  • In accordance with the Supreme Court Rules of 1966, the application for review must be submitted no later than thirty days following the date of the ruling or decree.
  • Additionally, an appeal challenging any sentence or ruling in a high court must be filed within 60 days following the judgment date. The statute of limitations for an appeal challenging the death penalty or capital punishment is 30 days after the order is passed.

cpc 114 review application: Procedure

  • The court will first hear the application ex parte. The court will immediately dismiss the application if it is not persuaded that the grounds are sufficient. As an alternative, the opposing party may get a notice from the court.
  • Second, the review is carried out by the same judge and court. The court can decide whether to approve or reject the application after hearing from the parties. The matter will proceed to a merits trial after the court grants the petition for review. Following a rehearing, the court may then affirm or modify the original order.

The same panel of judges or any other judges who are still associated with the court at the moment of the review application and who are not prohibited from hearing the review case for the next six months due to absence or other reasons will hear the case if a judgment made by a panel of two or more judges is rendered and a petition for review is filed.

In the event that a panel of judges hears the review case, the judgment of the majority will be used to make the decision. On the other hand, the application is going to be turned down if the court is equally divided.

114 cpc case laws

The two landmark section 114 cpc judgment is as follows:

  • In the case of Sow Chandra Kante v Sheikh Habib, the Supreme Court ruled that the primary goal of Section 114 of the CPC is not to grant the losing party a second chance at winning, nor is it to allow the court to issue a second decision.
  • In the case of Northern India Caterers Ltd. v Governor of Delhi, the Supreme Court ruled that a review process cannot be compared to the case’s initial hearing and that the court’s decision is final and won’t be reviewed unless there was a clear omission or parent error that was introduced earlier due to judicial fallibility.

According to Section 114 of the Civil Procedure Code of 1908, the court may review its own decision or decree in order to address any inadvertent errors or omissions that may have occurred, as well as to address any new and significant information or evidence that the party requesting the review was unaware of during the initial hearing. Nevertheless, the power of review is restricted in terms of time and grounds, and it can only be used when the court determines that a mistake or error needs to be corrected.

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