Cpc section 114order xlvii
Querist :
Anonymous
(Querist) 15 September 2011
This query is : Resolved
PLEASE CLARIFY IN EASY NON LEGAL LANGUAGE.
CPC Section 114Order XLVII Rule 1 reads as follows:
"REVIEW :
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 which, 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 judgment 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 or judgment 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 question of law on which the judgment 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 judgment.
prabhakar singh
(Expert) 15 September 2011
so you have decided to play a second inning.
Just in morning i referred this section 114 C.P.C.REVIEW :
In non legal language it says that after a judgement by a court,if law provides right to appeal to the loosing party but that party does not file appeal,then such party can file review before the same court it has loosed the case.
The grounds on which such a review can be filled are given in order 47 of the code.
in morning the query was that the author was planing a review before Apex court where he loosed a case admitted by SLP,the Apex court ordered the specific performance of a contract.
one of my friend quoted order 47 to show grounds on which a review lies.
then i quoted s114 to pose a problem,that since no appeal lies any where against the judgement of supreme court,a review before supreme court invoking s114 may not lie and constitutional powers of review by Apex court may not be invoked in view of the fact that the proceeding before it has arisen out of a civil suit.
prabhakar singh
(Expert) 15 September 2011
The refresher is now traced::::
on what grounds the review petition can be filed in apex court against a grant of specific performance of contact by the SC.
thanks.
Expert : ajay sethi
Posted On
15 September 2011
review petition can be filed an application for Review is entertained only on a ground mentioned in Order XLVII, Rule 1 of the CPC. The said Rule contemplates the following grounds for Review of an order –
(i) The discovery of a new and important matter or evidence which, after the exercise of due diligence, was not within the petitioners’ knowledge or could not be produced by him at the time when the order was made.
(ii) Some mistake or error apparent on the face of the record.
Expert : prabhakar singh
Posted On
15 September 2011
As far as the CPC provisions are concerned, Section 114 readwith Order
XLVII CPC deals with the filing of review petitions.
section 114 can be invoked only when an appeal from decree lies but has not been preferred then only a review can lie on grounds stated in order 47.
Although review powers are vested in supreme court under provisions of constitution also.A doubt castes if they could be invoked in a civil regular suit.
So being the case it would be interesting to prob ,if really,review jurisdiction of Apex court can be invoked u/s114 of C.P.C.even if order 47 grounds are there??????????????????????
