Brief on Review

 Here's a breakdown of review under the Civil Procedure Code (CPC), 1908:

Concept of Review:

• Review is a mechanism that allows a party to request the same court that issued a judgment or order to reconsider its decision.

Distinguishing Review from Appeal:

• An appeal involves a higher court reviewing the decision of a lower court.
• In a review, the same court that passed the original judgment or order re-examines it.

Grounds for Review:

The CPC allows for review on limited grounds, typically:

• Error apparent on the face of the record: This means a clear and undeniable mistake is evident from the court documents themselves, without requiring a re-evaluation of evidence.
• Discovery of new and important matter: This applies if crucial evidence that could have significantly impacted the case was not available at the time of the original judgment due to no fault of the party seeking review.
• Mistake or error committed by the court: This refers to a situation where the court itself made a procedural or legal error during the proceedings.

Who Can File for Review:

• Any party to the suit who is aggrieved by the judgment or order can apply for review.

Time Limit:

• The CPC typically prescribes a shorter time limit for filing a review petition compared to appeals.

Scope of Review:

• The court's power under review is limited. It cannot entirely reopen the case and re-evaluate all the evidence.
• The focus is on correcting specific errors or considering newly discovered evidence that might have altered the original decision.

Importance of Review:

• Review provides an opportunity to address genuine mistakes or errors made by the court without requiring a full-fledged appeal process.
• It can be a faster and more cost-effective way to rectify issues compared to appealing to a higher court.

Additional Notes:

• The power of review is discretionary. The court may decide not to entertain a review petition if it doesn't meet the specific grounds or appears frivolous.
• Legal advice is recommended to determine if review is a suitable option for your situation and to understand the specific requirements for filing a review petition under the CPC.

In essence, review under the CPC offers a limited opportunity for the same court to rectify its own errors or consider new evidence that could potentially change the outcome of the case.