Code of Civil Procedure, 1908

Order XLVII Rule 5 CPC - Review by the Original Judges

Order 47 Rule 5 determines which judge or judges should hear an application to review a decree or order originally passed by a court consisting of two or more judges.

Key principle: Where the original judge or any of the original judges remains attached to the court and is available to consider the matter within the statutory six-month period, the review application must be heard by such judge or judges, not by another judge of that court, subject to the rule's conditions.

Text of Order XLVII Rule 5 CPC

Where the Judge or Judges, or any one of the Judges, who passed the decree or made the order a review of which is applied for, continues or continued attached to the Court at the time when the application for a review is presented, and is not or are not precluded by absence or other cause for a period of six months next after the application from considering the decree or order to which the application refers, such Judge or Judges or any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same.

Meaning and scope of Rule 5

This provision addresses allocation of a review application to the appropriate judge or bench. It does not itself create a new ground for review. The substantive grounds are found in Order XLVII Rule 1, read with Section 114 CPC.

Where the judge who decided the original matter remains attached to the court when review is sought, and is not prevented by absence or another cause from considering it during the six months following the application, the rule gives that judge priority to hear the review. Where several judges decided the matter, the statutory words expressly include any one of them.

Conditions under Order 47 Rule 5

Original decision: The judge or judges concerned must have passed the decree or made the order sought to be reviewed.
Attachment to the court: The relevant judge or at least one original judge must continue, or have continued, attached to the court when the review application is presented.
Availability: The original judge must not be precluded by absence or another cause for the six months immediately following the application from considering the matter.
Assignment: When these requirements apply, no other judge of that court is to hear the application.

What does the six-month period mean?

The reference to six months is a condition concerning the availability of the original judge. It is not a six-month limitation period for filing a review application. The limitation period must be determined separately under the Limitation Act, 1963 and any applicable special rules.

Section 114 CPC - Review

Section 114 provides the statutory authority for review in the prescribed circumstances. Order XLVII sets out the procedure and grounds relevant to applications for review.

Order XLVII Rule 1 - Grounds for review

Review may be sought on recognised grounds including discovery of new and important matter or evidence despite due diligence, an error apparent on the face of the record, or another sufficient reason. Review is not an ordinary rehearing of an appeal.

Order XLVII Rule 4 - Grant or rejection

Rule 4 addresses rejection where sufficient grounds do not exist and requires notice to the opposite party before a review is granted. A review based on newly discovered evidence requires strict proof of the relevant allegation.

Order XLVII Rule 6 - Difference of opinion

Rule 6 deals with the result where judges hearing a review application are equally divided, or where there is a majority, in accordance with its terms.

Illustrative example

Suppose a two-judge bench passes an order and a party applies for review. If one of the original judges remains attached to the court and is available within the period specified by Rule 5, the application is ordinarily to be placed before that original judge rather than an unrelated judge of the same court. Actual bench assignment remains subject to the applicable court rules and binding judicial interpretation.

Practical points for litigants

A review petition should clearly identify the decree or order, the grounds relied upon, and the applicable limitation period. Litigants should also check the relevant High Court rules, roster directions, and any special procedural provisions governing the court concerned. The six-month wording in Rule 5 should not be treated as an extension of time to apply for review.

Official legal sources

Consult the India Code official legislation portal for the Code of Civil Procedure, 1908 and the Limitation Act, 1963. For applicable procedural directions, consult the official website of the court hearing the matter.

Legal information is provided for general educational purposes. Court-specific rules and current authoritative decisions should be checked before filing.