‘DOG LAW’ ANALYSIS OF THE POWER OF THE COURT TO CAUSE REVIEW OF ITS DECISION: INDIA
Keywords:
Review powers, court, CPC, CrPCAbstract
A conjoint reading of Section 114 and Order 47 of the Code of Civil Procedure, 1908 makes it crystal clear that court may allow review petition only on the following three grounds: (i) discovery of new and important matter or evidence, which after the exercise of due diligence was not within the knowledge of the review-petitioner or could not be produced by the reviewpetitioner at the time when the decree/order/judgment was passed or made; (ii) mistake or error apparent on the face of the record; or (iii) for any other sufficient (cogent) reason. In the matter of D.R. Somayajulu & Ors v. Attili Appala Swamy & Anr, (2015) SCCR 254, it was held that an application for review on the ground of discovery of new material facts should be considered with great caution and should not be granted on a mere asking. A review petition can be filed within 30 days from the date of the judgment or order sought to be reviewed. A review petition must be accompanied by a certificate of the lawyer that the review petition is justified.
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