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Review of Judgment and Order By Civil Court

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Provisions have been made for

  • Reviewing An Order
  • Reviewing a Judgment

 

SECTION 114: REVIEW
Subject as aforesaid, any person considering himself aggrieved–
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed by this Code, or
(c) by a decision on a reference from a court of small causes, which passed the decree or made the order, and the court may make such order thereon as it thinks fit, may apply for a review of judgment to the court.


1. Application for review of judgment

(1) Any person considering himself aggrieved-

(a) by a decree or order from which an appeal is allowed, but from no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed, or

(c) by a decision on a reference from a Court of Small Causes,

and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgement to the Court which passed the decree or made the order.

(2) A party who is not appealing from a decree or order may apply for a review of judgement notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applies for the review.

[Explanation.-The fact that the decision on a question of law on which the judgement of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgement.]

2. To whom applications for review may be made.- Rep

3. Form of applications for review

The provisions as to the form of preferring appeals shall apply mutates mutandis, to applications for review.

4. Application where rejected

(1) Where it appears to the Court that there is not sufficient ground for a review, it shall reject the application.

(2) Application where granted- Where the Court is of opinion that the application for review should be granted, it shall grant the same

    Provided that-

(a) no such application shall be granted without previous notice to the opposite party, to enable him to appear and be heard in support of the decree or order, a review of which is applied for; and

(b) no such application shall be granted on the ground of discovery of new matter or evidence which the applicant alleges was not within his knowledge, or could not be adduced by him when the decree or order was passed or made, without strict proof of such allegation.

5. Application for review in Court consisting of two or more judges

Where the Judge or Judges, or any one of the judges, who passed the decree or made the order a review of which is applied for, continues or continued attaches to the Court at the time when the application for a review is presented, and is not or not precluded by absence or other cause for a period of six months next after the application from considering the decree or order to which the application refers, such Judge or Judges or any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same.

6. Application where rejected

(1) Where the application for a review is heard by more than one judge and the Court is equally divided, the application shall be rejected.

(2) Where there is a majority, the decision shall be according to the opinion of the majority.

7. Order of rejection not appealable. Objections to order granting application

    (1) An order of the Court rejecting the application shall not be appealable;  but an order granting an application may be objected to at once by an appeal from the order granting the application or in an appeal from the decree or order finally passed or made in the suit.]

(2) Where the application has been rejected in consequence of the failure of the applicant to appear, he may apply for an order to have the rejected application restored to the file, and, where it is proved to the satisfaction of the Court that he was prevented by any sufficient cause from appearing when such application was called on for hearing, the Court shall order it to be restored to the file upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for hearing the same.

(3) No order shall be made under sub-rule (2) unless notice of the application has been served on the opposite party.

8. Registry of application granted, and order for re-hearing

When an application for review is granted, a note thereof shall be made in the register and the Court may at once re-hear the case or make such order in regard to the re-hearing as it thinks fit.

9. Bar of certain application

No application to review an order made on an application for a review or a decree or order passed or made on a review shall be entertained.

Devider

1. Appeal from orders

An appeal shall be from the following orders under the provisions of section 104, namely :-

    (a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court [except where the procedure specified in rule 10 A of Order VII has been followed];

(c) an order under rule 9 of Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit;

(d) an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte;

(f) an order under rule 21 of Order XI.;

    (i) an order under rule 34 of Order XXI on an objection to the draft of a document or of an endorsement;

    (j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;

    (ja) an order rejecting an application made under sub-rule (1) of rule 106 of Order XXI, provided that an order on the original application, that is to say, the application referred to in sub-rule (1) of rule 105 of that Order is appealable.]

    (k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;

    (1) an order under rule 10 of Order XXII giving or refusing to give leave;

    (n) an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit;

    [(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent person;]

    (p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV;

    (q) an order under rule 2, rule 3 or rule 6 of Order XXXVIII;

    (r) an order under rule 1, rule  [rule 2A], rule 4 or rule 10 of Order XXXIX;

    (s) an order under rule 1 or rule 4 of Order 40[Receiver Order]

    (t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to re-hear, an appeal;

    (u) an order under rule 23 [or rule 23A] of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate court;

    (w) an order under rule 4 of Order XLVII granting an application for review.

1A. Right to challenge non-appealable orders in appeal against decrees

    (1) Where any order is made under this Code against a party and there upon any judgement is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgement should not have been pronounced.

    (2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.]

2. Procedure

The rules of Order XLI shall apply, so far as may be, to appeals from orders,

Devider

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