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Review Petitions Under CPC Section 114

The document discusses the emerging judicial procedures for review petitions under Section 114 of the Code of Civil Procedure, 1908 in India. It provides an introduction to the right of review and the conditions and limitations prescribed in Order XLVII. The objectives of the research paper are to study the legal framework around review petitions, discuss the nature and scope of relevant provisions, and examine judicial decisions regarding review petitions. The hypothesis is that Section 114 constitutes an exception allowing review of judgments after they become final. Key research questions focus on the provisions for review petitions and how courts have interpreted the law governing them.

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24 views3 pages

Review Petitions Under CPC Section 114

The document discusses the emerging judicial procedures for review petitions under Section 114 of the Code of Civil Procedure, 1908 in India. It provides an introduction to the right of review and the conditions and limitations prescribed in Order XLVII. The objectives of the research paper are to study the legal framework around review petitions, discuss the nature and scope of relevant provisions, and examine judicial decisions regarding review petitions. The hypothesis is that Section 114 constitutes an exception allowing review of judgments after they become final. Key research questions focus on the provisions for review petitions and how courts have interpreted the law governing them.

Uploaded by

nikhil sai
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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EMERGING JUDICIAL PROCEDURE FOR REVIEW PETITIONS

UNDER SECTION 114 OF CODE OF CIVIL PROCEDURE, 1908

(Research Paper Synopsis)

Submitted to
Dr. Valarmathi R
Faculty of Code of Civil Procedure

Submitted by
M Nikhil Sai
BBA LLB (Hons) Semester VIII (2021)
Roll No: 17BBLB026

Date of Submission: 08.05.2021


INTRODUCTION

The Civil Procedure code has granted the right of review, but this right has been made subject
to procedure, conditions and limitations, which are prescribed in rules of Order XLVII of the
Civil Procedure Code. the right of review may be a substantive right, the most object of
which is to enable the courts to correct errors, within the decisions pronounced by them. If
the decree or an order or made on the idea 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, could also be made by the aggrieved party.

Dictionary meaning of the word review is an act of carefully watching or examining the
standard or condition of something or someone: examination or inspection. As per Black’s
Dictionary, a review is “to re-examine judicially. A reconsideration; second view or
examination; revision; consideration for purposes of correction.” Review is to be filed by the
aggrieved within the same court where the order or decree is passed. it's a discretionary right
of the court and not a statutory right.

According to section 114 of CPC, a person aggrieved by a decree or order from which an
appeal is allowed but not filed, or a decree or order from which no appeal is allowed, can file
a review petition within the same court which passed such decree or order. there's not
provision of reviewing an order already reviewed, unlike an appeal where there's a provision
of second appeal. Review is addressed under Section 114 and Order 47 of CPC. Article 137
of the Constitution confers powers on the Supreme Court to review its own judgments subject
to the provisions of any law made by Parliament or the principles made under clause (c) of
Article 145. the facility of Supreme Court, therefore, can't be curtailed by the Code of Civil
Procedure.

OBJECTIVES

1. To study the legal framework and highlight specific provisions under the Code of
Civil Procedure, 1908, dealing with review petitions.
2. To discuss the nature and scope of the above mentioned provisions.
3. To enumerate various decisions and observations made by the Indian judiciary from
time to time with regard to law governing review petitions.

HYPOTHESIS

The provision relating to review under Section 114 of the Code of Civil Procedure, 1908
constitutes an exception to the general rule that once the judgment is signed and pronounced
by the court it becomes functus officio (ceases to have control over the matter) and has no
jurisdiction to alter it.

RESEARCH QUESTIONS

1. What are the provisions under the Code of Civil Procedure, 1908, dealing with review
petitions?

2. What is the nature and scope of the provisions under the Code of Civil Procedure,
1908, dealing with review petitions?

3. How has the Indian judiciary dealt with and made its observations with regard to the
law governing review petitions?

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