Section 114 CPC - Review of Judgment

Section 114 of the Code of Civil Procedure, 1908 (CPC) permits a person aggrieved by specified decrees or orders to request the same court to review its judgment. Order XLVII (Order 47) prescribes the grounds and procedure. Review is a narrow remedy for correcting qualifying errors, not a fresh appeal on the merits.

Section 114 CPC: Statutory provision

114. 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

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.

Meaning and scope of review

A review is reconsideration by the court that made the decision, on legally restricted grounds. Section 114 identifies who may apply and the categories of decisions covered; Order XLVII Rule 1 supplies the substantive grounds. A court cannot use review merely because another view of the facts or law is possible.

Who can seek review under Section 114?

Appealable decree or order, no appeal preferred: an aggrieved person may seek review where the CPC permits an appeal but no appeal has been preferred.
Non-appealable decree or order: review may be sought when no appeal is permitted by the CPC.
Small Causes Court reference: review may be sought of a decision on a reference from a Court of Small Causes.

The application is ordinarily made to the court that passed the decree or made the order, not to a higher appellate court. Order XLVII Rule 1(2) addresses situations in which another party has appealed; its exceptions must be checked before filing.

Grounds for review: Order XLVII Rule 1 CPC

A review application must identify one or more recognized grounds:

Discovery of new and important matter or evidence: despite due diligence, the material was not within the applicant's knowledge or could not be produced when the decree or order was made.
Mistake or error apparent on the face of the record: an evident error that does not require extensive reargument to establish.
Any other sufficient reason: a legally sufficient ground of a kind analogous to the recognized grounds, as interpreted by courts.

Important: Repeating arguments, introducing evidence that could have been produced with due diligence, or claiming that the judgment is merely wrong on its merits does not by itself justify review.

Limitation period for a CPC review petition

Article 124 of the Limitation Act, 1963 generally prescribes 30 days from the date of the decree or order for review of a judgment by a court other than the Supreme Court. Section 12 of the Limitation Act provides relevant exclusions when calculating time, including the prescribed copy-obtaining period. Section 5 may permit condonation of delay on sufficient cause where applicable. Special procedural regimes, including constitutional writ review and Supreme Court review, require separate examination.

Procedure for filing a review application

Identify the decree or order and confirm review is legally maintainable.
State the precise Order XLVII Rule 1 ground, supported by relevant documents and an explanation of due diligence if new evidence is relied upon.
File before the court that made the order, within the applicable limitation period, with the required court fee and copies under the relevant court rules.
The court first considers whether a sufficient ground exists. Under Order XLVII Rule 4, the application may be rejected or admitted for further consideration; procedural safeguards, including notice where required, apply.
If review is granted, the matter proceeds in accordance with Order XLVII, including rehearing where directed; grant of review does not automatically decide the underlying dispute in the applicant's favour.

Important provisions of Order XLVII CPC

Rule 1: application for review and recognized grounds.
Rule 3: form of review applications.
Rule 4: rejection or grant of review applications.
Rule 5: review in courts consisting of two or more judges.
Rule 6: procedure where judges are equally divided.
Rule 7: rejection generally not appealable; objections to an order granting review, subject to the rule and applicable appeal provisions.
Rule 8: registration of a granted application and rehearing.
Rule 9: bar on certain successive review applications.

Review, appeal and revision: Key differences

Review (Section 114 and Order XLVII) asks the same court to correct a decision on restricted grounds. Appeal seeks reconsideration by an appellate court within the statutory scope of appeal. Revision (Section 115 CPC) is a supervisory jurisdiction of the High Court over specified jurisdictional errors of subordinate courts, subject to statutory limitations. These remedies are not interchangeable.

Supreme Court guidance on review

The Supreme Court has emphasized that review jurisdiction is limited and is not an appeal in disguise. For a detailed discussion of the historical development of Section 114 and Order XLVII Rule 1, see the Supreme Court judgment dated 18 April 2024 (official PDF). Whether review is maintainable depends on the order, grounds pleaded and applicable procedural rules.

Frequently asked questions

Can a review be filed after an appeal?

Section 114(a) generally contemplates an appealable decree or order from which no appeal has been preferred. Order XLVII Rule 1(2) contains a specific rule for a non-appealing party when another party has appealed, subject to exceptions.

Can a review court rehear the entire case?

Not simply because a party disagrees with the outcome. The applicant must establish a legally recognized review ground; the scope of any subsequent rehearing depends on the court's order and applicable rules.

What is the normal time limit for review?

Generally 30 days under Article 124 of the Limitation Act for courts other than the Supreme Court, subject to applicable exclusions, condonation and special rules.

Official legal sources

This article is general legal information. State amendments, local court rules and subsequent judicial developments may affect individual cases.