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 ?

According to the Rules of the Supreme Court, 1966, the

appeal for review shall be filed within 30 days of the day on
which the judgement or order is delivered.
And an appeal against any sentence or judgement must be
lodged in the High Court within 60 days of the date of the
judgement. The limitation period for an appeal against a
death sentence or capital punishment shall be 30 days from
the date of issuance of the order.
 What are the Reasons for a Judgement
Review
If the claimant discovers fresh and substantial evidence and he/she
was not able to supply the evidence when the order was passed due to
knowledge or incompetence.
Only where there is an obvious mistake on the face of the record and
not on the incorrect judgement is the power of review available.
An error evident on the face of the record can not be established
precisely and the facts of each case must be determined judicially.
Any other explanation that is similar to those stated in these rules is
necessary.
The misconception of the court can be treated as the appropriate
justification for the decision to be examined.
 What are the ‘other adequate factors’ that
allow for the analysis to be applied?

The terms 'some other reason enough' suggest a reason

necessary, at least similar to those stated in the law, on the
ground. The overall misreading of the acknowledged
documents does not fall under the 'discovery of new evidence'
and 'apparent mistake on the face of record' scope. It therefore
falls within the limits of 'any other sufficient reasons'. And the
claim for review needs to be backed by an affidavit.
 What are the grounds on which the
Request for Review can be Refused?
Judges or tribunals may deny the request for review if they are satisfied that the
request for review is not based on the discovery of new evidence, an obvious error
in the face of the record or on any other fair basis similar to that set out in those
rules.
1. If, without fair justification, the review is submitted after the expiry of the
specified time for filing the application.
2. If the appeal falls beyond the order already reviewed, the request for review will
be denied. No further review of any order or judgement passed on the review
order will be performed.
3. Where there is a failure of the applicant's presentation on the date set for
examination without a fair basis of non-appearance.
4. In the case of two or more magistrates, the majority decision would be
considered.
 Whether or not the denial by the Judges of
the Review Application is Appealable or not?
As provided for in Rule 7 of Order 47 of the CPC, there is no appeal
against an order denying the request for review. If their request for
review is denied by the judges or the court, the party filing the request
for review may not appeal again. The request approved is, however,
appealable.
Where the denial of the application is attributable to the failure of the
applicant to appear on the date set for the hearing, the applicant may
apply for an order to reinstate his application and the court shall reinstate
his appeal, it shall be provided that there has been a sufficient ground for
failure to appear.
The opposite party must be aware of the status of the request for review.
 Who Can Apply For Review?

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,

2. by a decree or order from which no appeal is allowed by this Court, or

3. by a decision on a reference from a Court of Small Causes.

 Conclusion

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.