Review is covered under S. 114 of CPC. Review means nothing but to
reconsider/rethink or re examine/re-evaluate something. The term "review" refers
to a court's re-examination of a previous decision. The very same judge and the
very same court conduct the review. Any individual who is dissatisfied by an
order or decree from which no appeal exists or wherein an appeal exists but is
not chosen may request a review of verdict.
Any person who has been aggrieved by a court of small causes decision on a
referral may request a review of the judgement. The petition for review must be
fled with the court that issued the decree or order. The court to which a
petition for review should be addressed is the court that issued the judgement
An application for review can be filed by anyone who is affected by a decree
/order or by the ruling of court of small causes on a reference. The provisions
governing the form of preferred appeals apply to the application form for review
also with few necessary alterations which is also known as "mutatis mutandis".
An Application For Review May Be Brought In The Following Circumstances:
- Firstly, when an individual is affected by a decree/order to which there
is no right of appeal. For instance, a request for review may be filed after
an application for appeal has been rejected due to a lack of time.
- Secondly, when an individual is affected by a decree/order whereby an
appeal is permitted but no such appeal have been filed. If an appeal is not
desired, the review may be made.
- Thirdly, when an individual is affected by the ruling of court of small
causes on a reference.
The identification of new and relevant information or evidence that was not
under his knowledge or that he could not provide at the moment the decree\order
was delivered, or perhaps some inaccuracy or error is evident on the surface of
the records, or any other substantial reason, are all grounds for review.
The Review Applications Will Be Heard Step By Step:
- First, the application will be heard ex-parte by the court. If the court
isn't convinced that the grounds are sufficient, it will dismiss the
application right away. Alternatively, the court may serve the opposing
party with a notice.
- Secondly, the very same judge and the very same court conduct the
review. After hearing the parties, the court has the option of rejecting or
approving the application. Following the court's approval of the petition
for review, the case will be tried on the merits. The judge might then
confirm or change the initial order after a rehearing.
If a judgment is passed by a panel of 2 or even more judges and a petition
for review is filed, the same panel of judges will hear the case or any of the
judges who is still connected to the court at the time of the review application
and who is also not barred from hearing the review case for the next 6 months
due to absence or other reasons.
If the review case is heard by a panel of judges, the decision will be made
based on the majority's judgment. However, if the court is evenly divided, the
application will be denied.
The review application can be rejected either on insufficient ground and or when
there is no new/important discovery of matter/evidence. Also, the limitation
period for filing a review application is 30 days from the date of decree/order.
It is not possible to appeal a decision rejecting a review application. An
appeal may raise a challenge to a review petition. If the review request is
denied due to a procedural error, the applicant may request that it be
reinstated. The opposing party will be notified by the court. If the court
determines that the applicant is barred from appearing due to a sufficient
reason, it will order the review application to be reinstated on the terms of
costs which deems appropriate. The court will also set a date for the case to be