Review under cpc. Review of Judgement Under CPC 2022-10-28
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The Code of Civil Procedure (CPC) is a set of laws that govern the procedure for the settlement of civil disputes in India. It provides the framework for the administration of justice in civil matters and sets out the rules and procedures that must be followed by courts and parties in civil cases.
One important aspect of the CPC is the provision for review. Review is a judicial process whereby a higher court or tribunal reviews the decision of a lower court or tribunal. It is an opportunity for a party to a case to challenge the correctness of a judgment or order made by a lower court or tribunal.
Under the CPC, a review may be sought on the grounds of an error of law or fact, or if there is new evidence that was not available at the time of the original judgment. A review may also be sought if the original judgment was based on a wrong interpretation of the law or if the decision was based on a mistake of fact.
To seek a review, a party must file an application for review with the court or tribunal that made the original judgment. The application must specify the grounds for the review and provide evidence in support of the claim.
The review process is generally quicker and less formal than the original proceedings. The court or tribunal will consider the application for review and may either allow or dismiss it. If the review is allowed, the court or tribunal will reconsider the original judgment in light of the new evidence or arguments presented. If the review is dismissed, the original judgment stands.
It is important to note that the review process is not a substitute for an appeal. An appeal is a separate legal process that allows a party to challenge the decision of a lower court or tribunal by bringing the case before a higher court or tribunal.
In conclusion, the review process under the CPC provides an opportunity for parties to a case to challenge the correctness of a judgment or order made by a lower court or tribunal. It is an important mechanism for ensuring that justice is administered fairly and accurately in civil matters.
Review and its Grounds under CPC
It might be added that a review application should be filled before the appeal is lodged. If an order impugned is revisable, it cannot be converted into an appeal if there is no presentation of appeal in the eyes of law; as seen in the case of Munshi Singh v. Nature, Scope and Object The primary objective of a revisional authority of the High Court empowered by Section 115 is to ensure that no subordinate court acts arbitrarily, illegally, capriciously, irregularly or exceeds its jurisdiction; and allows the High Court to guarantee the delivery of justice while ensuring that the proceedings are conducted in accordance with the rule of law and furtherance of fairness. Â Appeal whereas ensures the litigants that they will be granted justice under the law while the resolution of a particular dispute and appeal also helps in enacting the rules of decision that will be binding on all lower courts within the judicial system, thus ensuring uniform treatment and some measure of certainty and guidance for those whose actions bring them within the scope of the rule. The said powers are to be exercised by the High Court only to prevent miscarriage of justice or to correct grave and palpable errors. Therefore, the revision can only lie when the appeal is dismissed or does not lie.
In this article the right to review under Section 114 of CPC and its limitations and conditions under Order 47 will be discussed. Objections to order granting application are appealable, it states that application for review of order which is already rejected by the court is not appealable, once the judge already dismissed the review of an order the review of the same is not maintainable. Reference is mentioned under 2. Every order in the suit cannot be regarded as case decided within the meaning of Section 115 of the code. But no changes can be made with regards to any decision of the subordinate court even if unlawful, as long as the decision lies within its jurisdiction.
Meaning and Procedure of Review under the Code of Civil Procedure, 1908
The grounds of review may be the discovery of new and important matter or evidence, some apparent mistake or error on the face of the record or any other sufficient reason. The power of review should not be confused with the appellate powers, which allow an appellate court corrections for any errors made by the subordinate. The review application is to be allowed by the court if the court feels that there is a miscarriage of justice and the mistake is to be corrected by the court for the sake of justice as it thinks may deemed fit in the given circumstances. Conditions for Revision The conditions when the High Court can exercise its revisional jurisdiction is laid down in Section 115 of the Code of Civil Procedure. The objective behind this power is to ensure justice.
Elaboration on Revision under Code of Civil Procedure, 1908
According to the Rules of the Supreme Court, such a request must be submitted within 30 days from the date of judgment or order. From the bare reading of Section 114 CPC, it appears that the said substantive power of review under Section 114 CPC has not laid down any condition as the condition precedent in exercise of power of review nor the said Section imposed any prohibition on the Court for exercising its power to review its decision. In the case of Kehar Singh v. Under review, the party seeks justice in the same court which gave the judgment. Jurisdictional errors: According to section 115 of Civil Procedure Code 1908, the Revision is only applicable to the jurisdiction and if there is no question arises related to jurisdiction the decision cannot be corrected.
It shall be noted that there is no right of appeal to review. He alone will also be able to recall what was argued and what was not. It must either be conferred by law either specifically or by necessary implication. It is not possible to confine it within the boundaries of a strict, precise and comprehensive definition. The High Court acts as a protector of the fundamental right and gives the ground for judicial review. The ground for revision relates to jurisdiction, viz.
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It is primarily done to avoid errors and in this, the High Court has the right to interpret the legislative provision. The appellant must also show that the error caused his rights to be infringed. A judge can make an error in the course of his duties as well. So, the review of judgment is to examine or study again the facts and judgment of the case. Grounds to Review Judgment 1.
Powers Of Review U/s 114 CPC Cannot Be Exercised As An Inherent Or Appellate Power: Supreme Court [Read Judgment]
Â Â Â Â Click Above No appeal lies There must not be any appeal lying against the case decided by the subordinate court. Only the Difference between Review and Appeal You may also like to read: 1. What are the rules in Order 47 of Civil Procedure Code 1908? However, the form of an application is irrelevant. As mentioned above, it is important for discovery of a new valid matter for the case to go under review or there has to be error in judgment or any other sufficient reason. Further, the judges would know the reason for passing the decree or order while any other judge may not be able to appreciate the matter as well as the original bench. State of Assam Roy, 1976 , 1 SCC 234. A final judgment rendered by a competent court cannot then be reopened or reconsidered unless the earlier judicial opinion is wrong.
These were not considered errors evident on the record: An erroneous decision or an incorrect view of law; the fact that another High Court has taken an alternative view on the question; the fact that a different conclusion would be reached; or where the judgment was based upon two or more grounds, each one sufficient to support it and one is erroneous. If there had not been a system of review in the judicial process, then the law made by the government would not be subject to the examination or review by the court and the entire judicial process would become futile. Meaning Revision means to go through something carefully, thoroughly and diligently. And where it is necessarily required copies are to be produced. Therefore, a judgment can be reviewed only by the judge s who decided the case. A case is transferred by a subordinate court to the High Court for reference. Application for review Under rule 1 of Order XLVII of the civil procedure code any person who is aggrieved by a decree or an order of a court and if one of the four aforesaid circumstances exists, then the person can file an application for the review of the decree or order.