Review
Review
Review is the reconsideration or second view for the purpose of correction which is used specifically to fulfill the objective of examination by the appellate court.
In a review, the court re-examines the judgement to look for legal errors. In India usually, review is done by the court which passes the judgement and the court has a limited jurisdiction restricted to only determining whether there are any errors apparent on the face of record.
Official Definitions of Review
Review under the Criminal Procedure Code:
Under Section 362 of Criminal Procedure Code, the court is not allowed to alter or review the judgement when it has signed the judgement or passed a final order disposing the case.[1]
Review under the Civil Procedure Code:
Section 114 of the Civil Procedure Code provides for review to the aggrieved party in the case where although an appeal lies, no appeal has been preferred from a decree or order, where no appeal from an order or decree is allowed and by a decision on reference from the Court of Small Causes.[2]
The Civil Procedure Code specifically states that an application for review shall be filed by the aggrieved party before the Court which has passed the decree or the order. The Code also states that review can be filed by the party only when new evidence has been discovered which could not be produced earlier despite the exercise of due diligence or, on the basis of some mistake or, error apparent on the face of record or, on some other ‘sufficient reasons.’ Order XLVII of the Civil Procedure Code provides the procedure for the filing of a Review application. Review under Section 114 of Civil Procedure Code read along with Order XLVII Rule 1 could be undertaken when it satisfies three requirements which includes, a) ‘who’ indicating that the person filing a review must establish that he has been aggrieved, b) ‘where’ implies the circumstances under which a review can be filed and c) ‘why’ referring to the grounds under which the court can review a decree/order.
Review under the Constitution of India
Article 137 of the Constitution also provides for the Review power of the Supreme Court wherein subject to the laws made by the Parliament or the rules under Article 145, the ‘Supreme Court has the power to review any judgement pronounced or order made by it.’[3] Order XLVII of the Supreme Court Rules, 2013 provides for the procedure of preferring a review. It specifically provides for a time period of 30 days to file the review. Furthermore, the Supreme Court allows a review application in civil cases only on grounds mentioned in Order XLVII, rule 1 of the Civil Procedure Code and in criminal cases only if there is an error apparent on the face of record.
Procedure
A review petition must be placed before the same bench which has passed the judgement. The procedure for filing a Review Petition begins by providing the Court information about the petitioner and respondent. Thereafter, details about the decree/order which is sought to be reviewed is presented before the court. The Review Petition must also be accompanied by a certificate from the Advocate-on-Record who shall certify that it is the first application for Review which is based on grounds permissible under the Supreme Court Rules. The Review Petition must also specify the grounds under which it is filed as well as briefly specify the facts of the case explaining that the order or judgement is affecting the Applicant’s rights.
Case Laws
Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi[4]
The Supreme Court held that review cannot be filed for the purpose of rehearing or obtaining a fresh judgement from the court. Rather, a review can be considered by the court only when there is a substantial and compelling reason. The court observed that a review proceeding is not similar to an original hearing of the case and the finality of the judgement in a review application can only be considered if there is a ‘glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility.’
Parsion Devi & Ors. V. Sumitri Devi & Ors.[5]
The Supreme Court held that a review under Order XLVII Rule 1 CPC can be undertaken only when there is ‘a mistake or an error apparent on the face of the record. However, if a process of reasoning has to be engaged in to determine the mistake it cannot be an error apparent on the face of record. The court highlighted the difference between an erroneous decision and an error apparent on the face of record, the later attracting the jurisdiction of the court for the purpose of review.
Shivdev Singh & Ors. v. State of Punjab & Ors.[6]
In this case, the Hon’ble Supreme Court held that Article 226 of the Constitution does not preclude the power of the High Court to entertain a review application. The Supreme Court laid emphasis on the High Court’s power to exercise plenary jurisdiction under which the court can ‘prevent miscarriage of justice or to correct grave and palpable errors committed by it.’ Thus, the Supreme Court allowed the High Court to entertain review petitions under Article 226 of the Constitution although, in subsequent cases it also clarified that there were definite limits on the exercise of this power.
Difference between Appeal, Review and Revision
Appeal is the process through which a superior court reconsiders or reviews the decision of the lower court on the basis of a complaint made to the higher court. In Appeal, the aggrieved party pleads before the higher court to reverse the judgement of the lower court on grounds of error or injustice committed by the lower court.
In Review, the same court hears an order or judgment passed by it so as to correct any error apparent on the face of the judgement or the order.
In Revision, a higher court determines the legality and correctness of a judgement provided by the lower court. In civil cases, a Review petition can be filed under Section 115 of the Civil Procedure Code. In criminal matters, Review petitions can be referred under Sections 397 and 401 of the Criminal Procedure Code.
Curative Petitions
Apart from the Appellate, Revisional and Review jurisdiction, the Supreme Court also enjoys an extraordinary jurisdiction to entertain curative petitions. Curative petitions, developed from the case of Rupa Ashok Hurra v. Ashok Hurra is an extended interpretation of Article 137 of the Indian Constitution whereby, the Supreme Court reviews its judgment and in rarest of rare cases where the court believes that there has been a miscarriage of justice.
Appearance in Official Databases
Supreme Court of India Website
The Supreme Court official website has a feature to view Case Status under which the Case Type reflects the option of selecting Review Petition both Civil and Criminal.
The National Judicial Data Grid
The National Judicial Data Grid which showcases data for the Supreme Court cases also displays the number of Review Petitions pending before the Supreme Court. The database shows the status of both civil and criminal Review Petitions.
High Court
The website of various High Courts also has the option of Review Petition under Case Type. The following is the official website of the Karnataka High Court where under the Case Status the Case Type has the option of Review Petition.
Tribunal
The National Company Law Tribunal also has the option of Review Application (IBC) under the head of Case Number in Case Status.
Indian Judiciary Annual Report 2022-23
The Indian Judiciary Annual Report 2022-23 which provides the data for cases which are instituted, pending and disposed before the several High Courts of the country. The data however, is only available with regards to Civil review petitions. The Delhi High Court shows the following data:
Challenges & Variations
- In Case Type, under the Case Status of various High Courts Review is identified differently. For instance in the Calcutta High Court it is identified by ‘RVW’ while, in Karnataka High Court it is identified by ‘RP.’
- There are also different specific kinds of Review under different identifiers. For example, in the Karnataka High Court, ‘RPFC’ indicates Review Petition Family Court. This becomes more challenging as the specific kinds of Review is not same and differs for each High Court.
Reported Data of the Review Petitions before the Supreme Court
As per the Supreme Court Observer Report of 2018, there were 57 reported review petitions before the Supreme Court filed under Article 137 of the Constitution.
- ↑ Criminal Procedure Code, 1973, §. 362.
- ↑ Code of Civil Procedure, 1908, §. 114.
- ↑ Constitution of India, 1950, Art. 137.
- ↑ Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi, AIR1980 SC 674.
- ↑ Parsion Devi & Ors. V. Sumitri Devi & Ors., (1997) 8 SCC 715.
- ↑ Shivdev Singh & Ors. v. State of Punjab & Ors., AIR 1963 SC 1909.
