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Review under C.P.C

The provision of review is stated in Section 114 & Order 47 of the Civil Procedure Code, 1908.

According to section 114 of CPC, any person aggrieved by a decree or order from which an appeal is allowed butΒ not filed, or a decree orΒ order from which no appeal is allowed, can file a reviewΒ petition in the same court which passed such decree or order on the following grounds:

  • Where a decree or order is passed which is appealable under the CPC and no appeal is preferred;
  • Where a decree or order is passed which is not appealable under the CPC; and
  • Where a decision is given on a reference from a Small Causes Court.

There is no provision of reviewing an order already reviewed, unlike an appeal where there is a provision of second appeal. As per Rule 5 only those judges who heard the application initially shall have the power to hear it again except where they shall be absent for a period of six months or more after the date of application.

Grounds of review

  • Discovery of new evidence: – When something new is discovered which was not filed by the deceased person at the time of decree or was not within the knowledge of the deceases person at the time of decree, then a review petition can be filed.
  • Mistake or error :-Β When any mistake or error can be seen which is apparent on record and didn’t require any extra evidence to establish it, then review petition can be filed.
  • No right to Appeal:– When no right to appeal is allowed as per the decree of the order, then the deceased can file for a review petition.
  • Appealable Decree:-Β When appeal is allowed for the decree against the deceased person and he did not appeal, then review petition can be filed.
  • Any other ground:-Β Party may file review petition, if the Court agrees to it that it has sufficient ground to file.

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