REFERENCE, REVIEW AND REVISIONCentral

Section 114 of The Code of Civil Procedure, 1908

Review.

Subject as aforesaid, any person considering himself aggrieved—

(a)by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.
(b)by a decree or order from which no appeal is allowed by this Code, or
(c)by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

Summary

This section allows a person to ask the same court that passed a judgment to look at it again.
This request is known as a review.
It can be used if a decree or order allows an appeal but the person chose not to appeal.
It is also available for orders or decrees where the law does not allow an appeal at all.
A review can be requested for decisions made on references from a Court of Small Causes.
The court has the power to make any order it thinks is right after the review.

Practical examples

1Ramesh loses a debt case. The law says he could appeal to a higher court, but he decides it is faster to ask the original judge to correct a factual error in the judgment through a review.

2Sunita is involved in a small claims dispute where the law says the decision is final and cannot be appealed. She uses this section to ask the judge to reconsider the ruling due to a clear mistake.

FAQ

1. Who can apply for a review under Section 114 of the Code of Civil Procedure, 1908?

Any person who considers themselves aggrieved by a specific decree or order can apply under Section 114 of the Code.

2. Can I apply for a review under Section 114 of the 1908 Act if I have already filed an appeal?

Section 114 of the Act allows review if an appeal is allowed but has not been preferred (filed) by the person.

3. To which court do I apply for a review under Section 114 of the Civil Procedure law?

Under Section 114 of the Code, you apply for a review to the specific court which passed the decree or made the order.

Test yourself

1.Under Section 114 of the Code of Civil Procedure, 1908, a review application is made to:

2.According to Section 114 of the 1908 Code, in which situation is a review NOT mentioned?

3.If an appeal is allowed for a decree, but the party has already filed it, can they still seek a review under Section 114 of the 1908 Act?

4.Combining Section 113 and Section 114 of the Code of Civil Procedure, 1908, if a court makes a decision based on a High Court's opinion from a reference, a party can:

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