Bailabel Type : bailable

Description

Section 114 of the Code of Civil Procedure (CPC) deals with the review of judgments or orders passed by a court. A review is a process by which a court re-examines its own previous decision, usually because there was an error apparent on the face of the record or for other justifiable reasons. This section outlines the grounds on which a review can be sought and the conditions under which it is allowed.

Key Provisions of Section 114:

1. Grounds for Review:

   • Section 114 allows a party to seek a review of a judgment, decree, or order on the grounds of:
     • Error apparent on the face of the record: This means that there is a clear and visible mistake in the decision made by the court. Such errors may involve factual mistakes, misinterpretations of the law, or calculation errors that are easily identifiable from the record.
     • New evidence: If new evidence becomes available after the judgment, which could not have been discovered earlier with due diligence, a review can be sought based on this new evidence.
     • Any other sufficient reason: This is a broad provision allowing the court to review its decision if there is any other valid reason that justifies the review of the judgment.

2. Procedure for Review:

   • A review petition is filed by a party who believes there has been an error in the judgment, order, or decree. The petition must clearly state the grounds for review and show why the decision should be reconsidered.
   • A review application is made to the same court that passed the judgment or order. If the court finds that there is an error apparent on the face of the record, the court may amend its decision or order.
   • The review petition must be filed within a reasonable time, typically within 30 days from the date of the judgment or order being reviewed. However, the court has the discretion to extend this time if it finds a valid reason for doing so.

3. Review is Not an Appeal:

   • A review is not the same as an appeal. It is not a process to reconsider the merits of the case or to argue points that were already raised in the original hearing. It is a mechanism for rectifying clear mistakes or errors in a judgment or order.
   • A review cannot be sought merely because a party is dissatisfied with the judgment or wishes to bring in new arguments.

4. Power of the Court in Review:

   • The court has the power to modify or reverse its original decision if the review is found to be justified.
   • If the review petition is allowed, the court will correct the error and pass a revised judgment, decree, or order. If the petition is rejected, the original decision stands.

5. No Review of Final Orders in Certain Cases:

   • Section 114 specifies that the review process cannot be applied in certain types of cases, particularly those involving final orders where the law does not permit a review.
   • If the case has already gone through an appellate process or is of a nature where no review is permitted under law, the review process will not be available.

Punishment

Section 114 does not prescribe punishments or penalties for seeking a review, but there are legal consequences:

1. Dismissal of Review Petition:

   • If the review petition is found to be without merit, it will be dismissed, and the original judgment, decree, or order will stand.
   • If a party files a review petition frivolously or without valid grounds, they may be ordered to pay costs for the unnecessary litigation, as the court may decide to penalize the party for wasting judicial resources.

2. Costs:

   • A party filing a review petition may be required to pay costs if the petition is found to be without merit or not based on solid legal grounds.

3. Modification or Reversal of the Judgment:

   • If the court finds that the original judgment, order, or decree was based on an error apparent on the face of the record, the court has the power to modify or reverse its own decision.