Review of a case means re-examination or reconstruction of its own decision by the same court. Explain.

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2020
Review of a case means re-examination or reconstruction of its own decision by the same court. Explain.

Answer & Explanation:

Review means re-examination or re-consideration of its own decision by the very same court. An application for review may be necessitated by way of invoking the doctrine 'actus curiae neminem gravabit' which means an act of the court shall prejudice no man. The other maxim is, 'lex non cogit ad impossibillia' which means the law does not compel a man to do that what he cannot possibly perform. Section 114 of the Code of Civil Procedure, 1908 provides for a substantive power of review by a civil court and consequently by the appellate courts. Section 114 of the code although does not prescribe any limitation on the power of the court but such limitations have been provided for in Order 47, Rule 1 of the CPC. The section is worded as follows: Review - Subject as aforesaid, any person considering himself aggrieved - by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred, by a decree or order from which no appeal is allowed by, this Code, or 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. An 'aggrieved' person is one who has suffered a legal grievance, i.e., against whom a decision has been pronounced which has wrongfully affected his title or wrongfully deprived him of something which he was entitled to. All decrees or orders cannot be reviewed. The right of review has been conferred by S. 114 and Order XLVII of the Code.

Topics: Civil Procedure Code

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