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ashok kumar (Social Worker)     20 January 2013

Review application in civil law

 

What are the conditions under which a petitioner aggrieved by the order of the Civil Court can file a Review Application before the trial magistrate?

Under which Section of CPC is the provision to file the Review Application?



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 3 Replies

Advocate Bhartesh goyal (advocate)     20 January 2013

Order can be reviewed uner o 47 r i read with sec 114 of cpc.

 

 

Civil Procedure code

ORDER XLVII. 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 of 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 on order may apply for a review of 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.

1[Explanation-The fact that the decision on a 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.]

 

ashok kumar (Social Worker)     20 January 2013

Thanks Sir

But the first part of my question still remains unanswered

 

What are the conditions ( I mean grounds) under which a petitioner aggrieved by the order of the Civil Court can file a Review Application before the trial magistrate?

Advocate Bhartesh goyal (advocate)     22 January 2013

I have replied your query completly but you did not read the same thorougly.Read again order 47 rule 1[c] of cpc .you will find your answer.


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