A Review in Civil Law means asking the same court to reconsider or re-examine its own judgment or order because of a mistake, new evidence, or other valid reasons.
In India, review in civil cases is governed mainly by:
Code of Civil Procedure, 1908
Order 47 Rule 1 of CPC
Meaning of Review in Civil Procedure
A review petition is filed when a party believes the court’s judgment contains an error or important matter was overlooked. The request is made before the same court that passed the judgment.
It is not the same as an appeal.
Grounds for Review (Order 47 Rule 1 CPC)
A review can be filed on the following grounds:
Discovery of new and important evidence
- Evidence was not available earlier despite due diligence.
Error apparent on the face of record
- Obvious legal or factual mistake in the judgment.
Any other sufficient reason
- Any reason similar to the above grounds that justifies reconsideration.
Time Limit for Filing Review
The limitation period is generally 30 days from the date of the judgment or order under the Limitation Act, 1963.
When Review is Not Allowed
Review is not maintainable if:
- The party only disagrees with the judgment
- The matter should properly be filed as an appeal
- There is no apparent error
Important Case Law
The Supreme Court in Ajit Kumar Rath v. State of Orissa held that review jurisdiction is very limited and cannot be used as an appeal in disguise.
Example:
If a court passed a decree based on a calculation error in damages, the aggrieved party can file a review petition before the same court to correct the mistake.
