Review Petition

Definition

An application filed before the same court that passed a judgment or order seeking reconsideration of its decision on specific grounds.

Detailed Explanation

A review petition is an application to the court that passed the original judgment or order, seeking its review and modification. It is governed by Section 114 and Order XLVII of the Code of Civil Procedure, 1908 for civil matters, and by specific rules of the Supreme Court and High Courts for constitutional matters.

The grounds for review are strictly limited: (1) discovery of new and important matter or evidence which, after exercise of due diligence, was not within the applicant's knowledge or could not be produced at the time of the decree; (2) mistake or error apparent on the face of the record; or (3) any other sufficient reason. The power of review is not equivalent to an appeal and cannot be used to rehear the matter on merits.

In Supreme Court matters, review petitions are ordinarily heard by circulation without oral arguments, unless the court directs otherwise. The review petition must be filed within 30 days of the judgment in the Supreme Court (under Supreme Court Rules) and within 30 days in civil matters under CPC (Article 124 of Limitation Act).

Essential Elements

1 Existence of a judgment, decree, or order
2 Application to the same court
3 Discovery of new and important matter or evidence
4 Or mistake or error apparent on the face of the record
5 Or any other sufficient reason analogous to above
6 Filed within the limitation period

Leading Cases

Lily Thomas v. Union of India

2000

(2000) 6 SCC 224

Relevance: Explained the limited scope of review jurisdiction

Kamlesh Verma v. Mayawati

2013

(2013) 8 SCC 320

Relevance: Clarified what constitutes an error apparent on the face of record

P.N. Eswara Iyer v. Registrar, Supreme Court of India

1980

(1980) 4 SCC 680

Relevance: Held that power of review is not akin to appellate power

Usage Example

"The petitioner filed a review petition contending that the Supreme Court had overlooked crucial evidence that was on record, constituting an error apparent on the face of the record."

Synonyms

review application petition for review reconsideration petition

Related Terms

Appeal Res Judicata