Review under cpc. Reference, Review, and Revision 2022-12-27

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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 Under CPC

review under cpc

Ground for reference arises on the question of validity of the provision of an act, ordinance or regulation. Judges are also humans. However, we would say that if one can point out the error and state that it is a substantive point of law that stares one in the face, and there are no reasonable opinions about it, then a clear case would be made of the error. Grounds for Revision 1. Related The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. In the case of Salekh Chand V. A request for review may be made provided that there is no appeal against the order.

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Review, Appeal & Revision: All you need to know about it

review under cpc

If the court during the trial has left or not entertained any substantial issue which is relevant for the proper disposal of the case, then the case can be reviewed. . Hence, the court should, by a majority, accept the review application to allow a review and even a tie between the judges cannot grant a review to the aggrieved party. Suo moto — Under section 115 of the Civil Procedure Code, 1908 the High Court may exercise suo moto action of revisional jurisdiction. Rule 9 of Order 47 states bar of certain applications.

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Review under CPC

review under cpc

Failure to consider a ruling is not such an error. Sumitri Devi , 1997 8 SCC 715. This exception is to the rule that the judgment relating to review becomes functus oficio when signed and pronounced. 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. Do not act or refrain from acting upon this information without seeking professional legal counsel.

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Read Articles about REVIEW UNDER CPC at blog.sigma-systems.com

review under cpc

By Published on 17 Feb 2020 2:14 AM GMT Review of a judgment passed by a lower civil court is a substantive right under Section 114 of the Civil Procedure Code and Order XLVII prescribes the conditions and procedure to review a judgment. . It was observed by Shah J. Distinctions Revision and Appeal Sr. Rejection of Review Petition According to Rule 6, a review petition can be rejected in two ways. Only the subordinate court has the authority to refer a case suo moto on its own initiative where there is a question as to whether a legal provision is valid.

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Reference, Review, and Revision

review under cpc

The High Court acts as a protector of the fundamental right and gives the ground for judicial review. The judge might then confirm or change the initial order after a rehearing. 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. These provisions are some important steps in the attempt to remove or reduce the errors by the judges. The High Court of Madhya Pradesh in the case of Principal Commissioner of Customs vs M. A defendant has the right to file an appeal unless the judgment came from the court of the highest order. A great amount of public interest rests in suo moto exercise of revisional powers by the High Court.

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Review under Civil Procedure Code, 1908

review under cpc

Not every appeal is entitled to be entertained by the court as there can be an appellable error and thus on those grounds the appeal can be rejected. 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. The High Court may also exercise revisional jurisdiction suo moto under the Code of Civil Procedure. The Indian Constitution, under Article 137, provides the constitutional power to the Supreme Court to re-examine its own judgment to ensure justice. The High Court has the power to review under Article 226 of the Constitution and Order 47 does not apply to the power of review of the High Court. The Supreme Court also disapproves of this practice.

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What Do You Mean By ‘Revision’? What Are The Grounds Of Revision?

review under cpc

The provision dealing with both review and revision are mentioned under section 114 and section 115 of the CPC respectively. If the decree or an order made on the basis of some record and there has been some mistake or error apparent on the face of record or some new and important matter or evidence is discovered after the passage of decree or order or another such sufficient reasons, the application of review, may be made by the aggrieved party. Ramalinga Raju, AIR 1960 AP 17 13. Review Under CPC Section 114 of the Code refers to a review. After a decision has been made and if there is extra-jurisdictional action by the subordinate court, it is rectified and the reasons are recorded.

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Elaboration on Revision under Code of Civil Procedure, 1908

review under cpc

The application for review will not be heard unless he is removed from the court or prevented from hearing the case by the absence or another reason for six months following the filing. A judge who has disposed of the matter reviews an order he made in certain circumstances. The decision given by the single judge bench can go wrong due to wrong facts or can even be wrong according to the law. The judiciary has the power to revise cases suo moto. They do not purport to reflect the opinions or views of the INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS or its members.

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Powers Of Review U/s 114 CPC Cannot Be Exercised As An Inherent Or Appellate Power: Supreme Court [Read Judgment]

review under cpc

Reference to the High Court must be made through a judicial order and not a letter to the High Court. Habib 1975 1 SCC 674 5. It empowers a subordinate court to refer the matter to the High Court for its opinion on a matter. The court no longer has any jurisdiction to modify it. BY WHOM REVIEW MAY BE MADE? The revision can only be filed once the appeal is dismissed. It has to be understood from facts to facts and case to case. The new evidence must be convincing if it is believed to be conclusive.


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Review and its Grounds under CPC

review under cpc

A legal representative may apply for a review. Revision Power of Superintendence 1 Section 115 of the Code of Civil Procedure, 1908 defines revisional jurisdiction of the High Court. A Court of Small Causes will not allow a review of a decrement. An Application for review is more restricted than that of an appeal and the court of review has limited jurisdiction as to the definite limit mentioned in Order 47 Rule 1 CPC itself. The court can set aside any legislation made by the parliament or any act done by the government or any order passed by the inferior court if they find it to be unconstitutional or violative of the natural justice principle. Reference has been mentioned under section 113 and Order 46 of the Civil Procedure Code whereas right to review is given under section 114 and Order 47. In case of appeal there must be a memorandum of appeal filed before the same can be considered by the appellate court.

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