"Reference and Review are various remedies provided under the Civil Procedure Code, 1908 to cater to different situations." Explain.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2023
"Reference and Review are various remedies provided under the Civil Procedure Code, 1908 to cater to different situations." Explain.
Answer & Explanation:
The main aim of CPC is to facilitate justice and seek an end to the litigation rather than provide any form of punishment and penalties. Reference and Review are remedies provided under Civil Procedure Code, 1908 to cater different situation. These situations are as under: Reference Section 113 of the Civil Procedure Code, 1908 provides that subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit. Reference is made to the High court when it has reasonable doubt during any suit, appeal, execution proceeding etc. Reference means referring a case to High court on a question of law. The underlying object for this provision is to enable subordinate court to obtain, in non-appealable cases, the opinion of High court in the absence of a question of law and there by avoid the commission of an error which could not be remedied later on. Such provision also ensures that the validity of a legislative provision (Act, Ordinance or regulation) should be interpreted and decided by the highest court in the state and there wouldn't remain any chance of misrepresentation. Reference should be made before passing of the judgment in the court. Review The right of review has been conferred by Section 114 of the Civil Procedure Code, 1908. It provides that any person considering himself aggrieved by a decree or order may apply for a review of judgement to the court which passed the decree or made the order on any of the grounds as mentioned in Order 47 Rule 1, namely: discovery by the applicant 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, and The Court may make such order thereon as it thinks fit. Review is the process of judicial re-examination of a case by the same court and by the same judge who has passed the judgment or order. The procedure of review has been embedded in the legal system to correct and prevent miscarriage of Justice.
Topics: Civil Procedure Code, 1908
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