Order XLVII Rule 3 CPC - Form of Applications for Review
Order 47 Rule 3 of the Code of Civil Procedure, 1908 (CPC) specifies the form in which an application seeking review of a judgment must be presented. It applies the procedural form used for appeals, with necessary adaptations.
Statutory text of Order XLVII Rule 3
The provisions as to the form of preferring appeals shall apply, mutatis mutandis, to applications for review.
Source: Code of Civil Procedure, 1908 - official India Code text (PDF).
Meaning and scope of Rule 3
The Latin expression mutatis mutandis means "with the necessary changes." Accordingly, requirements concerning the form of an appeal apply, as appropriate, to a review application. The application is nevertheless a request to the court that made the decree or order to reconsider it on legally recognised review grounds; it is not an appeal.
Rule 3 deals with form and presentation. The substantive right and grounds for review arise from Section 114 CPC read with Order XLVII Rule 1 CPC.
How to prepare a review application
- Identify the court and proceeding: state the court, case number, parties and date of the decree or order sought to be reviewed.
- State the review grounds precisely: identify the error apparent on the face of the record, discovery of material evidence despite due diligence, or other sufficient reason under Rule 1.
- Set out the supporting facts: use clear, numbered paragraphs, referring to relevant parts of the judgment and the record.
- Specify the relief: clearly request review of the identified decree or order and the consequential relief sought.
- Attach relevant documents: include the impugned judgment or order and supporting records, with copies, verification, affidavit, court fee and filing particulars as required by the applicable court rules.
- Check the filing requirements: comply with the procedural rules, practice directions and e-filing requirements of the court concerned.
The appeal-form provision most commonly relevant is Order XLI Rule 1 CPC, which addresses the form of a memorandum of appeal. It is applied only so far as appropriate to review proceedings.
Grounds for review under Order XLVII Rule 1
A review application must disclose one or more legally recognised grounds:
- Discovery of new and important matter or evidence that could not, despite due diligence, have been known or produced earlier.
- A mistake or error apparent on the face of the record.
- Any other sufficient reason within the legally recognised scope of review.
Review is not intended to provide a second opportunity to argue the entire case merely because a party disagrees with the judgment. See Order XLVII Rule 1 CPC - Application for review of judgment.
Limitation period for filing review
Article 124 of the Limitation Act, 1963 ordinarily prescribes 30 days from the date of the decree or order for review of a judgment by a court other than the Supreme Court. The applicability of exclusion or condonation provisions depends on the facts and governing law. Proceedings under special jurisdictions, including certain constitutional writ proceedings, may require separate consideration. Supreme Court review petitions are governed by their applicable procedural rules.
Official reference: India Code - central legislation.
What happens after filing?
Under Order XLVII Rule 4 CPC, the court rejects the application where sufficient grounds for review are not shown. Before granting review, the opposite party must receive notice and an opportunity to be heard. Where newly discovered matter or evidence is relied upon, strict proof of the asserted lack of earlier knowledge or ability to produce it is required.
Frequently asked questions
Does Order 47 Rule 3 create an independent ground for review?
No. Rule 3 governs the form of the application. Review grounds are provided principally by Order XLVII Rule 1, read with Section 114 CPC.
What does mutatis mutandis mean in Rule 3?
It means that appeal-form provisions apply to review applications with the changes needed to suit review proceedings.
Can a review application be filed simply because the judgment seems wrong?
No. The applicant must establish a legally permissible ground for review; review cannot ordinarily be used as a substitute for an appeal.
Official legal reference
Read the Code of Civil Procedure, 1908, including Section 114 and Orders XLI and XLVII, as published on India Code.