ASSIGNMENT

Topic-: Review of Judgement:

Submitted By

MOHAMMAD ZIYA ANSARI

BALLB (HONS)
SEMESTER-VII
CIVIL PROCEDURE CODE
ENROLLMENT NO- GI6492
FACULTY NO- 17BALLB- 72
MID SEM ASSIGNMENT

Submitted To

PROF. HASHMAT ALI KHAN SIR

Professor, Faculty of Law

Aligarh Muslim University

ALIGARH-202002 (INDIA)

2020-21
 SYNOPSIS

1-INTRODUCTION.

2- MEANING OF REVIEW: -

3- WHAT IS ‘FUNCTUS OFFICIO’ IN RELATION TO COURT?

4- OBJECT OF REVIEW: -

5- WHO MATY APPLY.

6- GROUND FOR REVIEW.

7- WHEN A REVIEW PETITION LIES? CIRCUMSTANCES: -

8- BY WHOM REVIEW BE MADE.

9- WHETHER THE REJECTION OF THE REVIEW APPLICATION BY THE
JUDGES IS APPEALABLE OR NOT?

10- CONCLUSION.

11- BIBLIOGRAPHY.
 ACKNOWLEDGEMENT

I WOULD LIKE TO EXPRESS A DEEP SENSE OF

THANKS & GRATITUDE TO MY PROJECT GUDIE PROFESSOR. DR

HASHMAT ALI KHAN SIR FOR GUIDING ME IMMENSELY

THROUGH THE COURSE OF THE PROJECT.

I ALSO THANKS TO MY SENIORS FOR THEIR MOTIVATION &

SUPPORT. I MUST THANKS TO MY CLASSMATES FOR THEIR
TIMELY HELP & SUPPORT FOR COMPLETION OF THIS PROJECT.

LAST BUT NOT THE LEAST, I WOULD LIKE TO THANKS TO ALL

THOSE WHO HELPED ME DIRECTLY OR INDIRECTLY TOWARDS
THE COMPLETION OF THIS PROJECT.

THANKING YOU

MOHAMMAD ZIYA ANSARI

BALLB-4th Year GI-6492

17BALLB-72
1-INTRODUCTION: -

The Right of Review is granted by Civil Procedure Code as a remedy to be sought for an applied
under special circumstances and conditions. The objective of this right is to correct the error or
any mistake made in the decision of the court. This right is subjected to many limitations and
conditions mentioned in Order 47 of the Civil Procedure Code. As per the general rule, once

the judgment signed and pronounced by the court it becomes functus officio, (case to
have control over the matter) and it cannot be altered or changed. The provision of
Section 114 and Order 47 are relating to a review or the exception of the general rule.

The code provides the substantive right of the review under section 114
and the procedure thereof under Order 47. As a substantive right, it has to be
conferred by the law, either expressly or by necessary implication. As a procedural
provision, every Court or Tribunal can correct an inadvertent error which can be
corrected ex debito justitae (to prevent the abuse of process of court).

2- MEANING OF REVIEW: -

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. The dictionary meaning of review is to examine or to study again. So, the
review of judgment is to examine or study again the facts and judgment of the case. 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. Order XLVII contains nine
rules which impose some condition for the review. The power to review is conferred by law
and inherent power to review vests in court only. A Government officer has no inherent
power to review his/her orders. All decrees or orders cannot be reviewed. The right of review
has been conferred by Section 114 and Order 47, Rule 1 of the Code.
3-WHAT IS ‘FUNCTUS OFFICIO’ IN RELATION TO COURT?

When the term “Functus Officio” is used in relation to the court, it means that ‘once the court
passed any judgment after the lawful hearing, then the case cannot reopen and the judgment is
binding on the parties’. A lawful hearing and trial are the essential conditions for the “Functus
Officio”.

Right to review judgment is the exception to this Latin term “Functus Officio”. On the
application of an aggrieved party or person, the proceeding for review of Judgment will be
initiated.

4-OBJECT OF REVIEW: -

Actually, the doctrine of review is the acceptance of human fallibility. The main
object of review is, if there is an error due to human failing, define that mistakes or
error to prevent the miscarriage of justice and to defeat justice. Because justice is
above all.

5-WHO MAY APPLY? -

Section 114 says that any person aggrieved by a degree or or der may apply for a
review of a judgment. Here, "person aggrieved" means the person who has suffered
legal grievance or against whom a decision has been pronounced which has
wrongfully deprived him of something or wrongfully refused him something or
wrongfully affected his title to something.

The power of review can be exercised by the court on an application by the

aggrieved person, not by the Suo motu action.
6-GROUNDS FOR REVIEW: -

There are many grounds on which an application for review of a judgment

may be made which are as follows: -

1. Discovery of new and important matter or evidence; or

2. Mistake or error apparent on the face of the record; or
3. Any other sufficient reason.

Let us consider the above-stated Grounds in detail: -

1. Discovery of new and important matter or evidence Order 47 Rule 1: -

The first ground for an application of review is the discovery of new evidence.
Whenever applicant discovered new fact or important matter evidence after exercise
of due diligence, was not within his knowledge or could not be produced by him at the
time when the decree was passed, application of review is permissible. Such evidence
or all matter must be relevant and such a character that if it had been given in it might
possibly have altered the judgment.

2. Mistake Apparent on the face of record: -

The second ground for review is a mistake or an error apparent on the face of the
record. Such error may be one of fact or of law. Mistakes can be said to be an error
apparent on the face of record if it is not self-evident and requires an examination or
argument to establish it. There are some examples of error apparent on the face of the
record; pronouncement of judgment without taking into consideration the fact that the
law was amended retrospectively; considering the statutory provisions, or on the
ground of omission to try a material issue in the case, etc.

3. Other sufficient reason: -

The last ground for review is “any other sufficient ground”, but actually it has not
been defined in the code. However, relying on the judgment of the Privy Council and
the Federal Court, the Supreme Court has held that the word “any other sufficient
reason” must mean “a reason sufficient on grounds, at least analogous to those
specified in the rule”.

There are some examples of other sufficient reason for granting review; where the
statement in the judgment is not correct; or where the decree or order has been passed
under a misapprehension of the true state circumstances; or where a party had no
notice or fair opportunity to produce his evidence etc.

7-WHEN A REVIEW PETITION LIES? CIRCUMSTANCES: -

There are some cases where a review petition is maintainable which are as follows: -

1. A degree or order from which no appeal lies is open to review,

2. A review petition or application is also maintainable in cases where the
appeal is provided but no such appeal is preferred by the aggrieved party.
3. Decisions on reference from the Court of Small Causes

8-BY WHOM REVIEW MAY BE MADE?

As per the definition, the review is a reconsideration of the same subject matter by the
same court and by the same judge, so he only has jurisdiction to consider the case and
earlier order passed by him. But there may be situations wherein this course is not
possible. The judicial officer may not be available due to the death of such other
unexpected or unavoidable cause. Under these situations, his successor or any other
judge or Court of concurrent jurisdiction may hear the review petitions and decide th e
same.

9-WHETHER THE REJECTION OF THE REVIEW APPLICATION BY

THE JUDGES IS APPEALABLE OR NOT?

As per Rule 7 of Order 47 of IPC, an order of rejection of review application is not

appealable. The party filing the application of review cannot appeal again if their review
application is rejected by the Judges or court. However, the accepted application is
appealable.

Where the rejection of application is due to the failure of appearance of the applicant on the
date fixed for the hearing, the applicant can apply for an order to restore his application and
court will restore his appeal is it is proved that there was a sufficient cause for non-
appearance. The opposite party must be notified of the status of the review application.

10- CONCLUSION:
The power of reviewing of its own judgment is conferred on the court. Section 114 and Order
47 of Civil procedure Code provides the right to review the judgment. 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. The objective behind this power is to ensure justice. It is rightly said that Law
has to bend before justice.

11- BIBLIOGRAPHY: -

a- Dinshaw F. Mulla, the Key to Indian Practice: A Summary of the Code of Civl
Procedure, 1908, (11th 2015).
b- C. K. Takwani, Civil Procedure, (8th ed. 2018).
c- M P Jain, Indian Constitutional law, Lexis Nexis Butterworths Wadhwa.
d- J. N. Pandey, The Constitutional law of India, Central Law Agency.