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CIVIL REVIEW – NEED FOR RETENTION?

In Code of Civil Procedure, 1908, Section 114 provides for provisions connect with Civil Review Applications, it provides that any person who considers 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.

Such aggrieved person may apply for a Review of Judgment to the Court, which passed the Decree or made the Order therefrom a Court may make such Order as it thinks fit.

This provision is uncalled for the reasons stated hereinafter;

  1. As usual this contains expression, “subject to as aforesaid – involves a cumbersome effort since no one would be able to search for or find out “subjugating provision which will render this provision inapplicable” so it shall be deleted.
  2. The familiar expression, “as it thinks fit shall also be deleted since it is recognize that the Court would be passing an Order only what it thinks fit” – therefore this expression redundant.
  3. Who is an aggrieved person that not been defined. Anybody who does not relish the Order which is not in his favour shall naturally be aggrieved person – so the word aggrieved shall be precisely defined which has not yet been done.
  4. Review provides that the Court which pass the Decree or Order shall be burdened the futile exercise of reviewing and recording its own order, which would lead to duplicity of proceedings and multiplicity of decisions – the judicial process move on endlessly.
  5. Assuming the Review Court passes an order for decree the Trial Court shall be let with the confused stage as which Court it shall be adopt.
  6. Draft of Section 114 review – a person who intends to file the Review Application may show that the Trial Proceedings partial or full was not made according to the procedure established by law. Such Application has grossly affected the right to fair Trial by the procedure that would be adopted therefore we may file an Application for Review to the same court which may pass an Order which is not in conformity with the earlier Decree or Order or in alternative pass a new order.

In fact Section 114 and Order 47 of the CPC should be omitted to avoid multiplicity of a uncalled for proceedings.            

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