Appellate Jurisdiction of High Court in Review

Appellate Jurisdiction of High Court in Review

Introduction

Civil Procedure code has granted the right of reviews, but this right has been made subject to procedure, conditions and limitations, which have been prescribed in rules of order 47 of the Civil Procedure Code. Right of review is a substantive right, the main object of which is to enable the courts to correct errors, in the decisions pronounced by them. If the decree or an order or made on the basis of some record and there has been some mistake or error apparent on the face of record or some new and important matter or evidence is discovered after the passage of decree or order or another such sufficient reason, the application of review, may be made by the aggrieved party.

2. Relevant Provisions
Section 114, Order 41 Rule 1 of CPC

3. Initiation of Review Proceedings
The review proceedings will be initiated, on the application of an aggrieved party or person, i.e party or person who has a legal grievance.

4. The court in which Review application can be filed


An application for review shall lie to the following authorities.

(i) Review application against decree or order of High Court
When decree or order, against which reviewed is prayed, is that of High Court, review application should be filed before any judge of the High Court.

(ii) Some judge or his successor
When the decree or order is that of court, other than High Court, it shall be reviewed by the same judge or his successor, if the review application is filed by an aggrieved person on the following grounds

(a) Discovery of new and important matter or evidence, or
(b) A clerical or arithmetical mistake, apparent on the face of the decree

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