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Meaning - It means the process under which a court in certain circumstances can
reconsider its own judgment. It is judicial re-examination of the case by the same court
and by the same judge.
Object - To prevent miscarriage of justice or to correct grave and palpable orders
committed by the court.
Section 114 of the Code gives a substantive right of review in certain circumstances
while Order 47 provide the procedure therefore.
The provision relating to review constitutes an exception to the general rule laid down in
O. 20, R. 3 which provides that once the judgment is signed and pronounced by the Court
it has no jurisdiction to alter it.
Who may apply for review (Rule 1) & Section 114 : Any person who is aggrieved may
apply for a review. Review lies from :-
i. by a decree or order from which an appeal is allowed, but no appeal has been
preferred
ii. by a decree or order from which no appeal is allowed, or
iii. Judgment on reference from a court of small causes.
To whom a review shall lie: An application for review should be made to the very judge
who passed the decree or made the order. But if that judge is not available, it will be
heard by another judge or his successor in office.
Grounds for review (Rule 1): An application for review of a judgement may be made
on any of the following grounds :-
i. Discovery of new and important matter or evidence -
ii. Mistake or error apparent on the face of the record - It is to determined on the
facts of each case. Error may be one of fact or of law. For instance, passing a
judgment without considering the statutory provision.
iii. Any other sufficient reason - For instance, where the party was not given a fair
opportunity to produce evidence, where the court has failed to consider a material
issue etc.
Held :- The words "sufficient reason" are wide enough to include misconception of law or fact
by a court or even an advocate.
Limitation - According to Article 124 of Limitation Act, 1963 the period of limitation
for filing an application for review of judgment by a court other than the supreme court is
30 days from the date of decree or order.
Letters Patent Appeal - In Sattemma v. Visnu Murthy., it had been held that an order
refusing an application for review cannot be said to be a judgment and hence no LPA
lies. But an order granting review may amount to judgment and LPA is competent.
Suo Motu Review - The court is not empowered to exercise the power of review suo
motu.
Conclusion
The observations of Pathak. J. in Northern India Caterers (India) Ltd. v. Lt. Governor of
Delhi, correctly lay down the principle of law on the power of review. He stated that a review
proceeding cannot be equated with the original hearing of the case and therefore the finality of
the judgement delivered will not be reconsidered by the court except where there is a glaring
omission or patent mistake.