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Section 114 – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

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 Court, 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.

 

Comments

 

(i) Subsequent event may be taken into consideration by the Court, while exercising review jurisdiction; Board of Control of Cricket in India v. Netaji Cricket Club, AIR 2005 SC 592.

 

(ii) The review petition was filed well within the time and since to review petition was not being decided by the High Court, the appellant filed the special leave petition against main judgment of High Court. Hence the Supreme Court overruled the contention that earlier special leave petition filed by appellant having been dismissed by the Supreme Court the second SLP was not maintainable being barred by the principle of res judicata; K. Rajamouli v. A.V.K.N. Swamy, AIR 2001 SC 2316.

 

 

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Civil Procedure Code 1908

 

Indian Laws – Bare Acts

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