The procedure for the review of a judgment or decree in civil matters is governed by Order 47 of the Civil Procedure Code, 1908 (CPC) in India. The review is a judicial re-examination of the judgment or decree passed by the same court that issued it, under specific circumstances. Below is an outline of the process:
1. Grounds for Review (Order 47 Rule 1, CPC)
A party can seek a review of a judgment or decree only under the following circumstances:
- Discovery of New Evidence: There is new and important evidence or matter that was not within the knowledge of the party or could not be produced at the time when the decree was passed.
- Mistake or Error Apparent on the Face of the Record: A clear and obvious mistake or error that does not require elaborate arguments to prove.
- Any Other Sufficient Reason: Other compelling reasons, as determined by the court, which justify a review of the judgment or decree.
2. Who Can File for Review?
- Any party aggrieved by the judgment or decree may file a review petition.
3. Time Frame for Filing the Review (Section 114 CPC)
- The application for review must be filed within 30 days from the date of the judgment or decree unless extended by the court in exceptional circumstances.
4. Filing the Application
The application for review should include:
- A detailed explanation of the grounds for review.
- Affidavit and supporting evidence, if applicable.
5. Notice to Opposing Party
- Upon acceptance of the review application, notice is issued to the opposing party to present their case against the review.
6. Court’s Role in Hearing the Review
- The court will not rehear the entire matter or allow fresh arguments on points already decided, except for addressing the specific grounds raised in the review application.
7. Possible Outcomes
- Accept the Review: If the court finds merit, it may modify or reverse the judgment or decree.
- Dismiss the Review: If no valid ground exists, the application will be dismissed.
8. Appeal Against Review Decision
- A party dissatisfied with the decision of the review petition may appeal, provided such an appeal is permitted under the law.
Important Notes:
- Discretionary Nature: The power of review is discretionary, and courts are cautious in exercising it to maintain judicial finality.
- No Re-hearing: A review is not meant to be an appeal, and it does not allow for a complete re-hearing of the matter.
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