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Civil Procedure Code, Review
Civil Procedure Code, Review
Civil Procedure Code, Review
Meaning:-
Review means to reconsider, to re-examine or to re-assess or to look again
matter referred to it. It is judicial re-examination by the same Court. Generally
it is to correct one’s own decisions.
The Civil Procedure Code provides for the right of appeal as a remedy to be
pursued and enforced under specific circumstances and conditions.
The aim of this right is to correct an error or any error made in the court's
decision.
That right is subject to the various restrictions and conditions set out in Order
47 of the Code of Civil Procedure.
Right under Section 114 of CPC is substantive right and the order 47 of CPC
will provide the details of the procedure.
Functus Officio
It is an exception to the general rule that it becomes functus officio
after the judgement is pronounced, i.e. the Court ceases to have power
over the case and the Court does not have authority to change it.
If the word "Functus Officio" is used in relation to the court, it means
that "after the lawful trial, until the court passes some judgement, the
case can not be revived and the judgement is binding on the parties."
The critical requirements for the "Functus Officio" are a lawful hearing
and trial.
The exception to this Latin word "Functus Officio" is the right to review
judgement. The proceedings for review of the judgement will be
initiated at the request of an aggrieved party or individual.
What is the Time Limit for Filling the Review
Application of Judgment ?
By a person aggrieved by
1. a decree or order from which an appeal is allowed by this Code, but from
which no appeal has been preferred,
The judiciary is given the right to review its own decision. The
right to review a decision is given in Section 114 and Order 47 of
the Civil Procedure Code. Section 114 only allows for the right
to appeal the decision and there are restrictions and conditions
in CPC order 47. The Supreme Court was empowered by Article
137 of the Indian Constitution to review its own orders and
judgments. The goal behind this power is to guarantee justice.
"Law must bend before justice" is rightly said.