Description

Order 47 of the Civil Procedure Code (CPC) outlines the procedure for the review of a judgment or order passed by a court. It provides a mechanism for a party to seek a re-examination of a decision if there is a legitimate ground to believe that the judgment contains an error that needs to be corrected. The purpose of Order 47 is to ensure that justice is done and that errors in the judgments are rectified, thereby preventing miscarriages of justice.

Key Provisions of Order 47 CPC:

1. Rule 1 - Application for Review of Judgment:

• Review is the process by which a party seeks to have the same court (that passed the original judgment) review its decision.
• A review application can be filed if a party believes that there is an error in the judgment, and the error is crucial to the case.
• The application for review can be made only on specific grounds (listed below) and within a reasonable time after the judgment has been passed.
• Grounds for review are limited to:
  • Discovery of new and important matter or evidence that was not available at the time of the trial.
  • Mistake or error apparent on the face of the record.
  • Any other sufficient reason justifying the review.

2. Rule 2 - Procedure for Review:

• The party seeking a review must file an application with the same court that passed the judgment, clearly stating the grounds for the review.
• The application must be made within 30 days from the date of the judgment or order being reviewed, except in cases where the court grants an extension based on a valid reason.
• In the review petition, the applicant must provide facts and legal reasons that justify the review of the order or judgment.

3. Rule 3 - Hearing of Review Application:

• The court has the discretion to decide whether the review petition will be heard by the same bench that passed the original judgment or by a different bench.
• If the application is deemed to have merit, the court will call a hearing where both parties can present their arguments on whether the judgment should be reviewed or not.

4. Rule 4 - Review on Specific Grounds:

• The review cannot be based on appeal grounds such as a disagreement with the merits of the decision. Instead, it focuses only on errors that are apparent on the face of the record or issues related to new evidence or omissions that were not considered earlier.

5. Rule 5 - Power of Court on Review:

• After reviewing the application, the court may:
  • Dismiss the review if it finds no grounds for altering the judgment.
  • Alter the judgment or order if it finds that there was a clear mistake or error or if new evidence has come to light.
  • Remand the case for further hearing or inquiry, if necessary.

6. Rule 6 - Limitation:

• The application for review must be filed within 30 days from the date of the judgment. If the application is filed after the stipulated period, the party seeking review must show sufficient cause for the delay.

7. Rule 7 - Finality of the Review Decision:

• The decision made by the court on a review application is final and binding. If the review is dismissed, the original judgment stands as final.
• There is no provision for a further review of the same judgment once a review application has been decided.

Punishment

Order 47 does not prescribe punishments for making a review application. However, there are some consequences to keep in mind:

1. Dismissal of the Review Petition:

   • If the court finds no merit in the review petition, it will dismiss the petition and leave the original judgment intact.

2. Costs:

   • If the review application is considered frivolous, the court may impose costs on the party who filed the review petition.
   • If the court grants the review, it may also order costs to be paid by the other party depending on the circumstances.

3. No Further Review:

   • Once a review petition is decided, there is no provision for filing another review of the same judgment. The judgment becomes final after the review decision.