REVIEW OF JUDGEMENT
The literal meaning of this term is to re-examine or carefully look at the material facts and judgement delivered by the court. The right of review of a judgement is given under Section 114 and Order 47 of Civil Procedure Code, 1908. Section 114 of Civil Procedure Code (1908), provides the substantive power of review of judgement to civil courts. The conditions and limitations for review of judgement are mentioned under Order 47 of Civil Procedure Code, 1908. Only courts have an inherent power of review which has been conferred by law but the same power of reviewing doesn’t vest with Government officers.[1]
PROVISIONS OF CODE OF CIVIL PROCEDURE, 1908
The right to review of a judgement is one of the two exceptions of a Latin term ‘Functus Officio’ which means, once the court lawfully hears all the contentions made by both the parties to a suit and delivered the final judgement, then after such deliverance, the case cannot be open for further hearing and the verdict is binding on both the parties.[2]
As per Section 114 of Civil Procedure Code, 1908: Review.-
Subject as aforesaid, any person considering himself aggrieved-
- by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,
- by a decree or order from which no appeal is allowed by this Code’ or
- by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.[3]
Explanations:
1. Aggrieved Person: A person is said to be aggrieved against whom an order or decree has been passed and the right of review is available to only that aggrieved person.
2. Appeal not filed: The application for review can only be filed before an appeal made to the higher court and once the appeal moved to higher court then the right to review is no longer available to an aggrieved party.
3. Appeal not allowed: The Code of Civil Procedure disallow an appeal in certain circumstances. So, a review application can only be filed against those orders or decree. Example, where compromise or settlement took place between the parties to the suit.
4. By reference: When any case has been referred from Court of Small Causes to Higher Court for any kind of reference then the person aggrieved from the decision of that court can apply for a review.[4]
Now, the grounds on which the application for review of judgement can be filed are mentioned under Order XLVII (9 rules) of Code for Civil Procedure, 1908 as:[5]
Rule 1: Application for review of the judgement, the person who lies under Section 114, can file review application for an order or decree but on certain grounds:
1. Discover certain new facts and pieces of evidence: The aggrieved person must show certain material facts ignored or omitted by the court and some relevant shreds of evidence which were previously not being noticed by the court and had been able to change the judgement delivered by the same court. The misrepresentation of material facts can also be a reasonable ground for filing a review application.[6]
2. Mistake or an error which was apparent on the face of record: While pronouncing an order or decree, the court sometime noted with the mistake of facts as well as mistake of law by which the aggrieved person believes that it could alter the decree or order. This error depends on the facts and circumstances of different cases.[7]
3. Any other sufficient reason: In Lily Thomas v. Union of India,[8]the apex court stated that any reasons which are analogous to clause (1) and (2) of this rule can be a sufficient reason for review of the judgement. As per Section 114, as above mentioned that a review application should be filed before the appeal made to the higher court. The appeal may be made after filling the review application, but after such hearing, the review application has no value, or if court accepts review application and procure new decree or order, the appeal made to a higher court would automatically withdrawals.
Rule 2: To whom an application for review may be made:
- When an order or decree passed by a High Court judge than the review application has been made to that judge or his successor-in-office on any grounds.
- When an order or decree passed by a judge other than the High Court judge than the review application has been made to that judge or his successor-in-office on grounds that are mentioned under Rule 1 sub-clause (1) and (2) of Order 47.[9]
Rule 5: Application for review in Court consisting of two or more Judges: This provision describes the meaning of the term review, which means to look again. In case when the original decree was passed by a bench than the review application can only be reviewed by that particular bench. But if a situation arises where the bench or any one or more than one judge who was earlier the part of that bench, is absent or retired or unable to hear or judge the review application within the period of six months after filing such review application, then the review application may be referred to the other judge or bench.[10]
Rule 6: Application where rejected: There are two reasons for the rejection of review application; Firstly, when the two-judge bench has a different opinion about the review of the judgement, and Secondly when the judges with majority agreed that there is no sufficient ground for review. The several grounds for rejection are:
When the aggrieved person or applicant fails to satisfy the court with the provision as mentioned under Rule 1 of Order 47 of Code for Civil Procedure, 1908.
As per Supreme Court Rules, 1966, the review application must be filed before the expiry of 30 days from the procurement of order or decree.[11]
Rule 7: Order of rejection not appealable and Objections to order granting application: Once the court rejected the review application it cannot be appealable and should be bound on both the parties to the suit. However, the accepted review application can be appealable before the appellate court. The apex court also stated that, when the review application/petition has been accepted, the decree or order procure after such rehearing should be bound on both the parties to the suit.[12]
ANSWER TO THE QUESTION (CONCLUSION)
Section 114 and Order XLVII of Code for Civil Procedure, 1908 deals with the provisions related to Right of Review of the judgement passed by the courts. This power of reviewing order and decree lies only in the hands of the court. Section 114 talks about the right to review of judgement whereas Order XLVII deals with the conditions and limitations to that right.“Review of judgments or orders by the Supreme Court Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have the power to review any judgment pronounced or order made by it.”[13]Thus, any person against whom an order or decree has been passed by the civil court and the person is not satisfied with the judgement and fall under the category as mentioned in Section 114, fulfil all the necessary requirements given in Order 47, then on the scrutiny of the court, he can file the review application against the judgement passed by that civil court. After reviewing the order or decree, the court either rely on the same judgement or introduce a new judgement which ultimately alters its previous judgement.
[1]‘Court cannot alter, review its own judgement arbitrarily : SC’ “The Economic Times” <https://economictimes.indiatimes.com/news/politics-and-nation/court-cannot-alter-review-its-own-judgement-arbitrarily-sc/articleshow/2738586.cms?from=mdr> Retrieved 26 May, 2020
[2]Mohd Aqib Aslam, ‘Review Under Code of Civil Procedure An Overview’ <http://www.legalserviceindia.com/legal/article-1727-review-under-code-of-civil-procedure-an-overview.html> Retrieved 25 May, 2020
[3] Civil Procedure Code, 1908: Section 114
[4]K. Takwani, Civil Procedure, (8th ed. 2018).
[5]Dinshaw F. Mulla, the Key to Indian Practice: A Summary of the Code of Civl Procedure, 1908, (11th 2015).
[6]Soumitra Panda v. A.K Agarwal, AIR 1994 Cal 165
[7]Usha Rani v. Hardas Das, AIR 2005 Gau 01
[8]AIR 2000 SC 1650
[9]Ashish Agarwal, ‘Meaning and Procedure of Review under the Code of Civil Procedure, 1908’ (17 February 2020) <https://www.legalbites.in/meaning-and-procedure-of-review-under-the-code-of-civil-procedure-1908/#_ftn2> Retrieved 24 May, 2020
[10]M/s Himachal Sorang Power Private Limited v. Powergrid Corporation of India Limited, (Review Petition No. 3/RP/2018) pg. 10 <http://www.cercind.gov.in/2018/orders/3N.pdf> Retrieved 25 May, 2020
[11]Varshita Dogra, ‘Review of Judgement Under CPC’<https://blog.ipleaders.in/review-judgement-cpc/> Retrieved 26 May, 2020
[12]M.B. Catholicos v. M. Poulose, AIR 1954 SC 526
[13]Article 137 in The Constitution Of India, 1949
This article has been written by Vividh Jain, B.Com. LLB (Hons.) of Institute of Law, Nirma University.
Also Read: Procedure of Filing Civil Suit in India?
