Review ....Judgement/Order ...

Review of Judgement and Order..............................By Court.......... Scope........

                                       

- Basically power of Review must be exercised within the framework of Section 114 and Order 47 of C.P.C. 1908 by Court.

- It be exercised by Court in following circumstances..

- The discovery of new and important matter or evidence which after the exercise of  due diligence was not within the knowledge of the applicant or could not be produced by applicant at the time of decree or order passed by court .

- Some mistake or  error apparent on the face of the record .

- Any other sufficient reason which require review  

- Review power is not inherent power but it conferred specifically so within ambit of above provision it must be exercised by court .

- But view taken by court in judgement or order is erroneous is not ground to review .

- Error of counsel not bringing to the notice of court the relevant precedents is not ground of review .

- Decision on a question of law on which the judgment or order of court is based is reversed or modified by the subsequent decision of superior court in any other case is not ground of review .

- Mere possibility of two views on the subject of judgment or order is not ground for review .

- Review application be disposed of as expeditiously as possible . Delay cause  injustice .

- Limitation for review application is 30 days it begins from date of decree or order .

- - - - - - - - Relevant Provision - - - - - - - - - - - - 

- Section 114 & Order 47 of Civil Procedure Code 1908.

- Article 124 of The Limitation Act 1963.

... . . . . . . . . Relevant Judgement ........

- Union of India & Ors v/s B.Valluvan A.I.R.2007 S.C.210.

- Lily Thomas v/s Union of India and others 2000(2) Mah.L.R 409 S.C.

- Haridas Das v/s Usha Rani Banik and others A.I.R.2006 S.C.1634 = 2006(4) Mh.L.J.14 SC.

- Surendra Kumar and Ors v/s Chief Executive Officer M.P. and Ors 2004 SAR 479.

- Kewal Chand Mimani (d) by Lrs  v/s S.K.Sen & Ors  A.I.R. 2001 S.C.2569 = 2001 SAR 632.

- Sri Dokka Samuel v/s Dr. Jacob Lazarus Chelly 1997 SAR 437 =1997 (4) SCC 478.

- Dr. Subramanian Swamy v/s State of Tamil Nadu & Ors 2014 SAR 432 = 2014 AIR SCW 6893.

- Sasi (D) through Lrs v/s Arvindakshan Nair and Others A.I.R.2017 S.C.1431 = 2017 SAR 898.

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