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Jan 11, 2019 · Order XLVII in the Code of Civil Procedure, 1908 (CPC) together with Section 114 of the Act, provides the procedure for Review. Section 114 merely produces the conditions necessary for the filing the application for Review to the ‘court’ by which decree or order, sought to be reviewed under the application, was passed or made.
Dec 12, 2023 · Rule 1 of Order 47 of CPC deals with the application for review. It states that - (1) Any person considering himself aggrieved — (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred. (b) by a decree or order from which no appeal is allowed.
Jan 4, 2019 · Review of judgment is the substantive power of review by the court mentioned in Section 114 of CPC. This section doesn’t provide any limitations and conditions for review. The limitations and conditions are provided in Order 47 of the Civil Procedure Code.
Feb 21, 2019 · As per the black law dictionary, review means to reconsider, to look again or to re-examine. But in the legal parlance, it is a judicial re-examination of the case by the same court and by the same judge. In certain circumstances, a judge reviews an earlier order passed by him, called review.
Jul 6, 2019 · In order to understand concepts such as Reference, review and revision, as per Code of Civil Procedure, 1908 (CPC), a party, who is offended by the decision of the court, can reach out to higher court by way of appeal against the decision given by the trial court/lower court.
Section 114 provides only right to review the judgment and order 47 of CPC provides limitations and conditions. Article 137 of the Indian Constitution allowed the Supreme Court to review its own orders and judgment.
In civil law, revision allows a superior court to examine the legality of a subordinate court’s order (Section 115, CPC, 1908). In criminal law, it enables the High Court to review orders for legality or propriety (Sections 397 and 401, CrPC, 1973) .
