Review

1. Meaning of Review
   The term “Review” means to reconsider, re-examine or look again at a decision. In legal terminology, it refers to a judicial re-examination of a judgment by the same court which passed it.
2. Statutory Provision
   Section 114 of the Code of Civil Procedure, 1908 provides for review of judgment. Order XLVII Rule 1 of CPC lays down the procedure and grounds for filing a review application.
3. Constitutional Provision
   The Supreme Court of India can review its own judgments and orders under Article 137 of the Constitution of India.
4. Nature of Review
   A review is not an appeal. It is confined to correction of errors apparent on the face of the record and cannot be used for rehearing the case on merits.
5. Grounds for Review
   An application for review may be filed on the following grounds:
   1. Discovery of New Evidence
      1. New and important evidence has been discovered which was not within the knowledge of the party despite exercising due diligence at the time of trial.
      2. Such evidence must be relevant and capable of affecting the decision of the case.
   2. Mistake or Error Apparent on Record
      1. There must be a clear and obvious error visible on the face of the record.
      2. The error may be of fact or law and should not require detailed examination to establish.
      3. Example – Ignoring a statutory amendment or overlooking a material fact.
   3. Any Other Sufficient Reason
      1. The application may be made on any other sufficient ground analogous to the above grounds.
      2. Such reason must be genuine, reasonable and made in good faith.
6. Important Principles
   1. A review is not a substitute for an appeal.
   2. The power of review must be exercised with caution.
   3. The error must be apparent and not one requiring elaborate arguments.
7. Limitation
   A review of a review is not permitted under the Code of Civil Procedure.

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