Civil procedure code

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REVIEW UNDER CIVIL
PROCEDURE CODE
[SEC- 114, ORDER-47]
- KIRAN VAISHNAV
BA LLB (HONS.)
VI ‘A’

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INTRODUCTION
As per the general rule, once the judgment signed and
pronounced by the court it becomes functus officio,
(case to have control over the matter) and it cannot be
altered or changed. The provision of Section 114 and
Order 47 are relating to a review or the exception of
the general rule.
The code provides the substantive right of the review
under section 114 and the procedure thereof under
Order 47. As a substantive right, it has to be conferred
by the law, either expressly or by necessary
implication. As a procedural provision, every Court or
Tribunal can correct an inadvertent error which can be
corrected ex debito justitae (to prevent the abuse of
process of court).
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As per the black law dictionary,
review means to reconsider, to look
again or to re-examine. But in the
legal parlance, it is a judicial re-
examination of the case by the same
court and by the same judge. In
certain circumstances, a judge
reviews an earlier order passed by
him, called review.
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MEANING OF REVIEW

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WHO MAY APPLY?
• Sec tion 114 s ays that any pers on aggrieved
by a degr ee or or der may apply for a r eview
of a judgment. H er e, “ per s on aggr ieved”
means the per s on w ho has s uffer ed legal
gr ievanc e or agains t w hom a dec is ion has
been pr onounced w hic h has w r ongfully
deprived him of s omething or wrongfully
r efus ed him s omething or w r ongfully affec ted
his title to s omething.
• The pow er of r eview c an be exer c is ed by the
c our t on an applic ation by the aggr ieved
pers on, not by the s uo motu ac tion.
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GROUNDS OF REVIEW
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•There are many grounds on which an
application for review of a judgment may
be made which are as follows:-
1. Discovery of new and important
matter or evidence; or
2. Mistake or error apparent on the face
of the record; or
3. Any other sufficient reason.

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By whom review may be made?
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• As per the definition, the review is a reconsideration of the
same subject matter by the same court and by the same judge,
so he only has jurisdiction to consider the case and earlier
order passed by him.
• But there may be situations wherein this course is not possible.
The judicial officer may not be available due to the death of
such other unexpected or unavoidable cause. Under these
situations, his successor or any other judge or Court of
concurrent jurisdiction may hear the review petitions and
decide the same.

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Thank you