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Review under CPC

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 or order.

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:

  1. 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.
     
  2. 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 heard.

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