Review simply stated means to look once again. Under the Civil Procedure Act review is a judicial re-examination of the same case by the same judge in certain circumstances. Section 80 of the Act gives the substantive right of review in certain circumstances, while Order 45 provides the procedure thereof.
The provisions relating to review constitute an exception to the general rule that once a judgment is signed and pronounced by the court it becomes fantus official. That means it ceases to have any control over the matter or any jurisdiction to alter it. A court has pronounced judgment; it no longer has any control over the matter. The matter can only go to the appellate court or a court higher. It cannot change its mind about it. It no long has any control over it. The power of review is an exception to this rule. For the power of review allow the same judge to look at his own judgment, once again and correct it.
Nature and scope of the power of review
Grounds for applying for review
Who may apply for review?
First, any person aggrieved by the decree order may apply for review. Usually they will apply for the review of the judgment where an appeal is allowed and where the appeal has not yet been filed. So if you want to apply for review you should do it before you appeal.
Who is an aggrieved party? A person who has suffered such legal grievance or against whom a decision has been made or a person who has been deprived of something or affected by the decision. In other words, a person who is not a party to the decree or order cannot apply for review because such a decree will usually not be binding on such a person and therefore cannot be said to be aggrieved within the meaning of Order 45 and section 80.
First, the power of review should not be confused with appellate power. Appellate power enables the appellate court to correct all errors committed by the subordinate court.
In the case of review, the original court has the opportunity to correct their errors within certain limits. We all know that it is an accepted principle that once a competent court pronounces a judgment, that judgment must be accepted and implemented. The decree holder should therefore not be deprived of the fruits of that judgment, except in circumstances such as this, which the power of review.
Also remember that review is not an appeal in disguise. Review enables the court to look at the judgment again on specific grounds set up by statutes.
Review can only be allowed under certain circumstances. It is not in all cases that you are allowed to apply for review. It is only in certain circumstances. The grounds are:
1. discovery of new and important matter of evidence
2. mistake or error apparent on the face of the record
3. any other sufficient reason.
Labels: Civil Procedure