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Guidelines for filing Review Petition in Supreme Court of India

The Supreme court of India in Kamlesh Verma vs Mayabati 2013,8 SCC 320 laid down the following grounds of Review as stipulated by the statute in Civil Matters

  1. When the Review Petition is maintainable
  2. Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the knowledge of the petitioner or could not be produced by him
  3. Mistake or error apparent on the face of the record
  4. Any other sufficient reason

According to the Supreme court Rules in criminal cases,no reviews lies except on the ground of error Apparent on the face of record

P.N Eswara Iyer vs Registrar of Supreme Court of India ( 1980) 4SCC 680

Power to Review is in Article 137 and equally wide in all proceedings.

Recently in Vikram Singh vs State of Punjab (2017) 8 SCC 518 ( 19 and 23) : AiR 2017, SC 3227 after referring to president including P.N Eswara Iyer and Surendra Raja, it was held that although the Power of Review granted to the Supreme Court ' is wider but normally and ordinarily the Review in a criminal case has to be on the ground as enumerated in the Supreme Court Rules and such error has resulted in miscarriage of justice for invoking the review jurisdiction of the Court.

Civil Matters:
Art 145(1) (e) / order XlVII,Rule 1 of the Supreme Court Rules 2013 made under Art 145(1)(e) provides ad followed in Civil Matters Review lies on any of the ground specified in or XLVIi R1 of the CPC eg error Apparent on the face of record ( Common Cause, Registered Society vs UOI ( 1999) 6 SCC667( para178 and 181 or omissions to bring to the notice of the Court the prevalent provision s despite due diligence or any other sufficient reason.

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