Order XLVII Rule 8 CPC - Registration of Review Granted and Rehearing
Order XLVII Rule 8 of the Code of Civil Procedure, 1908 explains what a court does after granting an application for review: it records the grant in its register and may rehear the case immediately or issue suitable directions for rehearing.
Text of Order XLVII Rule 8 CPC
Registry of application granted, and order for re-hearing
When an application for review is granted, a note thereof shall be made in the register and the Court may at once re-hear the case or make such order in regard to the re-hearing as it thinks fit.
The statutory wording above is reproduced from the original page. Consult the applicable CPC text and any relevant High Court amendments or rules for proceedings in a particular court.
Meaning and scope of Order 47 Rule 8
Grant of review: The court has accepted the application for review. This is distinct from merely filing a review petition or issuing notice on it.
Entry in the register: Once review is granted, the court must make a note of that fact in the register. This is a procedural record of the order allowing review.
Rehearing: The court has discretion either to rehear the case immediately or to make directions about the future rehearing. The rule does not require every case to be reheard on the same day.
Effect of allowing review: Allowing the review application opens the way for reconsideration in accordance with the review order. It should not automatically be treated as a final decision in favour of the applicant on every issue in the underlying dispute.
Procedure after a review application is granted
- Order granting review: The court determines that the review application should be allowed under the applicable legal grounds and procedure.
- Register entry: The grant is noted in the court register as directed by Rule 8.
- Rehearing directions: The court may hear the case immediately or fix a hearing and make appropriate procedural orders.
- Further adjudication: The court hears the relevant issues within the scope of the review and passes an appropriate order or judgment.
These steps are a practical explanation of the rule, not a substitute for the court's directions or applicable procedural rules.
Frequently asked questions
Does allowing a review application automatically decide the original case?
No. Rule 8 contemplates a rehearing or directions for rehearing. The outcome depends on the subsequent judicial consideration and the scope of the review order.
Must the court rehear the matter immediately?
No. The court may rehear the case at once or make such order regarding the rehearing as it thinks fit.
Is recording the grant of review mandatory?
Yes. Rule 8 states that a note of the grant shall be made in the register.
This article provides general legal information, not advice for any particular case. Check the current statute, local amendments and court orders before relying on a procedural step.