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.