In legal terms, “review” means to reconsider a judgment or order. The Code of Civil Procedure, 1908 (CPC) provides the framework for review under Section 114 and Order 47, allowing courts to correct errors or prevent miscarriage of justice.
Section 114, CPC
Section 114 allows a person aggrieved by a court’s decision to seek review if:
-
A decree or order from which an appeal is allowed but no appeal has been preferred.
-
A decree or order from which no appeal is allowed.
-
A decision on a reference from a Court of Small Causes.
Objective:
-
Reconsideration by the same court and judge under specific conditions.
-
Prevents miscarriage of justice or correction of grave and apparent errors.
Eligibility:
-
Must be a party directly affected by the judgment.
-
Third parties prejudiced by the decision can also apply.
Order 47, CPC
Rule 1 – Application for Review
A person aggrieved under Section 114 may apply for review based on:
-
Discovery of new evidence not available at the time of judgment despite due diligence.
-
Mistake or error apparent on the face of the record.
-
Other sufficient reasons for reconsideration.
Key Points:
-
Applications can be made even if an appeal is pending, except where grounds overlap.
-
Reversal of law by a higher court in another case is not a ground for review.
Rule 4 – Acceptance or Rejection
-
Rejection: Court may reject if there are insufficient grounds.
-
Acceptance: Court may grant review with notice to the opposite party and strict proof of new evidence if relied upon.
Rule 9 – Bar on Further Review
-
No review application can be made against an order already reviewed.
Case Laws
-
Sow Chandra Kante v. Sheikh Habib (1975): Section 114 is not meant to give a “second innings” to the losing party.
-
Northern India Caterers Ltd. v. Governor of Delhi (1980): Review cannot replace original hearing; only glaring errors justify reconsideration.
Conclusion
The review process under Section 114 and Order 47 CPC ensures judicial correctness without undermining the finality of judgments. It is a limited remedy for parties aggrieved by errors that are obvious or supported by new evidence, maintaining the balance between justice and legal certainty.
