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Regarding review petition

(Querist) 23 January 2019 This query is : Resolved 
Name -leena -plaintiff.( Female)
Name -manish - respondent. (Male)
Plaintiff Filled 12-1a (HMA 1955) against respondent.
Judge: dissmiss the plantifs petition.
Court -pune

Question.
Leena found some medical evidences of respondant after 3days of jugment,

Possible leena to put this new medical evidence to submit same court (pune court)via review petition, or for review petition she has to take permission from high court mumbai
Vijay Raj Mahajan (Expert) 23 January 2019
Under Order 41 Rule 27aa Civil Procedure Code that is possible at appellant stage provided the petitioner/appellant is allowed by the Appellant Court.
R.K Nanda (Expert) 24 January 2019
No need to file review petition
File appeal in HC. With application for adducing additional evidence.
Dr J C Vashista (Expert) 25 January 2019
Review is not maintainable in Pune (trial) Court.
Move in appeal to High Court through your lawyer.
Umesh Pandurang Jadhav (Querist) 27 January 2019
This won't be possible -::::::


Section 114 of the Code of Civil Procedure (in short CPC) provides for a substantive power of review by a civil court and consequently by the appellate courts. Section 114 of the code although does not prescribe any limitation on the power of the court but such limitations have been provided for in Order 47, Rule 1 of the CPC.
The grounds on which review can be sought are enumerated in Order 47, Rule 1 CPC, which reads as under:
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.

So the circumstances when review lies are
(a) cases in which appeal lies but not preferred,
(b) cases in which no appeal lies,
(c) decisions on reference from Court of Small Causes; and

the grounds are

(i) discovery of new and important matter or evidence, or
(ii) mistake or error apparent on the face of the record, or
(iii) any other sufficient reason.
Umesh Pandurang Jadhav (Querist) 27 January 2019
This won't be possible -::::::


Section 114 of the Code of Civil Procedure (in short CPC) provides for a substantive power of review by a civil court and consequently by the appellate courts. Section 114 of the code although does not prescribe any limitation on the power of the court but such limitations have been provided for in Order 47, Rule 1 of the CPC.
The grounds on which review can be sought are enumerated in Order 47, Rule 1 CPC, which reads as under:
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.

So the circumstances when review lies are
(a) cases in which appeal lies but not preferred,
(b) cases in which no appeal lies,
(c) decisions on reference from Court of Small Causes; and

the grounds are

(i) discovery of new and important matter or evidence, or
(ii) mistake or error apparent on the face of the record, or
(iii) any other sufficient reason.


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