Grounds on Which Review Lies:  Procedure to File Review Application: Order XLVII, Rules 4 and 5:  Appeal Against Order of Review: Order XLVII, Rule 7

PREPARATORY:

The power to review is a statutory power and unless it is expressly provided, it does not exist. It can only be exercised on the grounds expressly mentioned in the provisions of the Civil Procedure Code (C.P.C). The general principle of finality of judgments and decrees is enacted in Order XX Rule 3, which provides that after a judgment has been pronounced, “it shall not afterward be altered or added to, save as provided by section 152 or on review.”

RELEVANT PROVISIONS:

Section 114 and Order XLVII of C.P.C 1908.

WHAT IS REVIEW?

According to Black’s Law Dictionary:
“Review is the power to re-examine or reconsider the act or decision by itself.”

WHO MAY FILE A REVIEW?

Ghulam Muhammad Vs. Saeed Ajmal [1986 CLC 1048]:
“The person seeking the review must, however, be an aggrieved person — that is to say, a person adversely affected by the decree or order in question.”

PROVISIONS OF C.P.C GOVERNING REVIEW:

A. Section 152 – Power to Correct Clerical or Arithmetical Errors:

Section 152 of C.P.C empowers the court to correct clerical or arithmetical mistakes in judgments, decrees, or orders, or errors therein arising from any accidental slip or omission. This power may be exercised at any time, suo motu or on the application of a party.

Muhammad Tufail Vs. Abdul Ghafoor [PLD 1958 SC (Pak) 201, 205]:
The power under Section 152 is not strictly a power of review; it applies to mistakes “due to human forgetfulness and not involving a mental process of reasoning or the appreciation of any law or other facts already proved or admitted.”

B. Section 114 and Order XLVII of C.P.C – Review of Decrees and Orders:

1. Cases in Which Review Lies: Section 114(1)

A review application lies under Section 114 and Order XLVII Rule 1 from a decree or order:

• (a) From which an appeal is allowed but has not been preferred.

• (b) Against which no appeal is allowed by the C.P.C.

• (c) From a decision on a reference from a Court of Small Causes.

2. Grounds on Which Review Lies: Order XLVII, Rule 1

• a) Discovery of New and Important Matter or Evidence:
  Which, after the exercise of due diligence, was not within the knowledge or could not be produced by the party at the time the decree or order was passed.

• b) Mistake or Error Apparent on the Face of the Record

• c) Any Other Sufficient Reason:
  Any other sufficient cause consistent with the nature of review jurisdiction, keeping in view the principle that there must be an end to litigation.

3. Forum and Form of Review: Order XLVII, Rule 3

• If based on new evidence, review must be filed before the judge who passed the decree or his successor.

• If based on any other ground, the application must be made to the same judge.

4. Procedure to File Review Application: Order XLVII, Rules 4 and 5

• a) The aggrieved party files the review application before the concerned court.

• b) If there are no sufficient grounds, the court shall reject the application.

• c) If sufficient grounds exist, the court shall issue notice to the opposite party.

• d) The court may re-hear the case. (Rule 8)

5. Appeal Against Order of Review: Order XLVII, Rule 7

• An order rejecting a review application is not appealable.

• An order granting a review is appealable, on the grounds stated in Rule 7.

6. When Review Application Does Not Lie: Rule 9

• No second review application is competent.

• A review of an order passed on a previous review application is not maintainable.

CONCLUSION:

The remedy of review is an exceptional and limited jurisdiction under the Civil Procedure Code. It allows the same court to re-examine its own decision in cases of error apparent on the face of the record, discovery of new evidence, or other sufficient reason. However, review is not a substitute for an appeal and cannot be used to reargue the same issues already considered. The court exercises this power with restraint to uphold the principle of finality of judgments and to prevent abuse of process.