Code
CPC Subject as aforesaid, any person considering himself aggrieved—(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal
has been preferred.(b) by a decree or order from which no appeal is allowed by this Code, or(c) by a decision on a reference from a Court of Small Causes,may apply for a review of judgment to the Court which passed the decree or made the order, and the
Court may make such order thereon as it thinks fit.
Code
114. Review.—
Subject as aforesaid, any person considering himself aggrieved—
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred;
(b) by a decree or order from which no appeal is allowed by this Code; or
(c) by a decision on a reference from a Court of Small Causes,
may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
Explanation of Section 114 CPC
Section 114 of the Code of Civil Procedure, 1908 grants the power of review to the court that passed the decree or order. The provision allows an aggrieved person to request the same court to reconsider its decision under specific circumstances.
A review is not an appeal. In an appeal, a higher court examines the decision of a lower court. In contrast, a review enables the same court to re-examine its own judgment when sufficient grounds exist.
Who Can Apply for Review?
Any person who feels aggrieved by a decree, order, or decision may seek a review if the conditions mentioned in Section 114 CPC are satisfied.
The right to seek review exists in the following situations:
- When an appeal is allowed, but no appeal has been filed.
- When no appeal is permitted under the Code.
- When the decision arises from a reference made by a Court of Small Causes.
Purpose of Section 114 CPC
The primary objective of Section 114 CPC is to prevent injustice caused by errors in judgments or orders. The provision allows courts to correct their own mistakes without forcing parties to initiate separate proceedings.
The power of review promotes fairness, judicial efficiency, and effective administration of justice.
Difference Between Review and Appeal
A review and an appeal are distinct legal remedies.
An appeal involves reconsideration by a superior court. However, a review takes place before the same court that delivered the original judgment.
Moreover, a review is available only on limited grounds prescribed under the Code and the relevant rules.
Importance of Section 114 CPC
Section 114 CPC helps courts rectify errors and avoid unnecessary litigation. It allows parties to seek correction of mistakes without approaching higher courts immediately.
The provision also strengthens public confidence in the judicial process by enabling courts to reconsider their own decisions when justice demands.
Illustration
Illustration 1
A trial court passes a decree against a defendant. Although an appeal is available, the defendant does not file it and instead discovers an important error in the judgment.
The defendant may apply for a review before the same court.
Illustration 2
A court passes an order against a party, and the Code does not provide any right of appeal.
The aggrieved party may seek a review under Section 114 CPC.
Illustration 3
A Court of Small Causes makes a reference, and the decision adversely affects one of the parties.
The affected party may apply for a review of that decision.
Common Questions and Answers
1. What is the purpose of Section 114 CPC?
Answer:
Section 114 CPC allows an aggrieved person to seek a review of a decree, order, or judgment from the same court that passed it.
2. Is a review the same as an appeal?
Answer:
No. A review is heard by the same court, whereas an appeal is heard by a higher court.
3. Who can file a review application?
Answer:
Any person who feels aggrieved by a decree, order, or decision covered under Section 114 CPC may apply for a review.
4. Can a review be sought if an appeal is available?
Answer:
Yes. However, the person must not have already filed the appeal.
Conclusion
Section 114 CPC provides an important remedy for parties who seek reconsideration of a judgment, decree, or order. The provision allows the same court to review its decision in specific situations and correct errors that may cause injustice. By promoting fairness and reducing unnecessary litigation, Section 114 CPC plays a significant role in the administration of civil justice.
