Suraj
Asked July 07, 2016

review petition

  • 1 Answer
  • 176 Views

Dear sir, There was a case in which loser party challenged HC judgment in SC. SC in his Order said that pentioner should file a review petition in HC for judgment review. My question is that can a review petition judgment still can be challenged in SC? How much time does it take to final a review petition.

Answer 1

Order XLVII rule 1 of the Code of Civil Procedure stipulates that any person considering himself to be 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 (exercising Small Cause Jurisdiction), 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, or 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. It is evident from a reading of Order XLVII Rule 1 of the Code of Civil Procedure that a review can be sought by a person considering himself aggrieved by a decree or order from which an appeal is allowed but from which no appeal has been preferred or a decree or order from which no appeal is allowed.

The Supreme Court in this case looking upon the merits of the case has asked the petitioner to file a review petition in the High Court as the aforesaid rule supposes any discovery of a new fact that could be brought in front of the court as the matter was already decided upon, the said person may in order to highlight such new evidence so obtained by means of filing a review petition in that respective court.

Further, if the petitioner is not satisfied with the decision of the High Court then he may appeal against the said judgement in the Supreme Court under Section 136of the Constitution of India if there is error in the judgement on the face of it or there has been a grave miscarriage of justice, apparent on the face of the judgement. Although such discretion lies on the Supreme Court to decide as to which matters are to be accepted and which is to be rejected.

The time period for filling a review petition is 30 days from the date of passing the original order. In this case, the review petition must be filed within 30 days from the date of such direction as given by the Supreme Court regarding the same.

 

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