Appeal Review Revision Under The CPC 1908 Rafsan Jaman - Academiaedu

!
LO G I N SIGN UP
Appeal Review Revision under the CPC 1908
UPLOADED BY
Rafsan jaman
http://www.academia.edu/34201204/Appeal_Review_Revision_under_the_CPC_1908 07/02/19, 8D02 AM

Page 1 of 30
Page 2 of 30
Page 3 of 30
Page 4 of 30
Page 5 of 30
Page 6 of 30
Page 7 of 30
Page 8 of 30
Page 9 of 30
Page 10 of 30
Page 11 of 30
Page 12 of 30
Page 13 of 30
Page 14 of 30
Page 15 of 30
Page 16 of 30
Page 17 of 30
Page 18 of 30
Page 19 of 30
Page 20 of 30
Page 21 of 30
Page 22 of 30
~44~
! a manifest wrong has been done and it is necessary to pass an order to do full and effective
justice.151
Form of Application of Review:

Rule 3 of Order 47, CPC, 1908 has prescribed the form of an application of review. According to the
rule, the provisions as to the form of preferring appeals shall apply, mutatis mutandis, to applications for
review.
Rejection of the Application:

Rule 4(1) and 6 of Order 47, CPC, 1908, has propounded the ground when the application of review
will be rejected. According to the rules, on the following grounds the application of review will be
rejected,
! where it appears to the court that there is not sufficient ground for a review, the court shall reject
the application; or
! where the application for a review is heard by more than one judge and the court is equally
divided, the application shall be rejected; and
! where the applicant fails to appear when the application was called for hearing. 152
It is prescribed in rule 7(2) of Order 47, CPC, 1908, that, when an application is reject for the non-
appearance of the applicant, the applicant may apply for an order to have the rejected application restored
to the file. If he can satisfy the court that there was sufficient reason for his non-appearance, on the day of
the hearing of the application the court will order the application to be restored to the file upon such terms
as to costs or otherwise as the court thinks fit and will appoint a day for hearing the same. A notice must
be sent to the opposite party on that behalf.
Granting of the Application:

It is stated in rule 4(2) (a), Or. 47 of CPC, 1908 that the application of review will not be granted
unless the applicant does not serve a notice to the opposite party.
Decision on Majority:
Where such application is heard by two or more judges, and there are majority of opinion, the
decision shall be according to the opinion of the majority.
151
O. N. Mohindroo vs. District Judge, (1971) 3 SCC 5
152
Ru. 7(2), Or. 47, CPC, 1908
~45~
Appeal:

Page 23 of 30
Appeal:
An order of rejecting the application of review is not appealable. 153 But an order granting the
154
application of review is appealable. The opposite party can also filed an objection on the following
ground,
! it was in contravention of the provisions of rule 2, Or. 47, CPC, 1908;

! it was in contravention of the provisions of rule 4, Or. 47, CPC, 1908; or
! it was presented after the expiration of the period of limitation prescribed by law and without
sufficient cause.155
Limitation:
As it has been stated before every remedy given by the statute has its limitation of time. The statute
has also prescribed a time limitation for making an application for review. Such limitation is not
prescribed in the Code of Civil Procedure, 1908, but to the Limitation Act, 1963. Under Art. 124, of the
Act, the limitation for presenting an application of review is,
! thirty days in any court other than the Supreme Court.
Appeal vs. Review:

Both appeal and review are remedy made by the statute for the fallibility nature of human being. Both
the procedure are procedure of removing error or mistake. Thus, in this sense appeal and review has
similarity. But the two remedy has certain dissimilarity too. The distinctions as regard to appeal and
review are as following:
Appeal Subject Matter Review

Appeal means the right of As to definition Review means a judicial re-
carrying a particular case from examination of a case in certain
an inferior to a superior court specified and prescribed
with a view to ascertaining circumstances.
whether the judgment is
sustainable.
Sections 96 to 112 of CPC, As to the section under CPC, Section 114 of CPC, 1908, has
1908, has enunciated about 1908 enunciated about review.
appeal.
Order 41 to 45 of CPC, 1908, As to the order under CPC, Order 47 of CPC, 1908, has
has enunciated about appeal. 1908 enunciated about review.
Under the CPC, 1908, there can As to classification There is no such classification in
be appeal from order, decree or case of review.
there can be pauper appeal etc.
Appeal lies to the superior court As to the Court Review lies to the same court.
153
Ru. 7(1), Or. 47, CPC, 1908
154
Ru. 1(w), Or. 43, CPC, 1908
155
Ru. 7(1), Or. 47, CPC, 1908
~46~
Appeal heard by the different As to the judge hearing Review as the matter of
judge. reconsideration of same subject
matter heard by the same judge.
The grounds for appeal are As to ground The grounds for review are not
wider than review. as wide as appeal.
Under the Limitation Act, 1963, As to Limitation Under the Limitation Act, 1963,
time limitation for appeal is 90 time limitation for review is 30
days to HCD & 30 days in other days.
courts.
Article 116 of the Limitation As to Article enunciating the Article 124 of the Limitation
Act, 1963, has enunciated the time limitation Act, 1963, has enunciated the
time limitation for appeal. time limitation for appeal.
~47~

Page 24 of 30
Part 03: Revision
~48~
Part 03: Revision
Origin & Basic Concept of the Term “Revision”
Just like appeal and review, revision has come to law for the same purpose, which is to correct any
error or mistake. Revisional power of the High Court is a power to rectify any mistake or error of law of
the judgment given by the lower court.
Origin of the Term “Revision”:

The term “review” has been derived from the French word “révision” in 1610s, which means “an act
of revising”. The word “révision” has been derived from the Latin word “revisio” meaning “to see again”.
The word “revisio” is the iterative of another Late Latin word “revisionem” which means “seeing again”.
The word “revisionem” has derived from another Latin word “revidere” meaning “see again”.
Diagram: 04
Definition of Revision:
Generally the term “revision” means the act of revising or altering, or the act of rewriting something.
According to the dictionary meaning “to revise” means “to look again” or “look repeatedly at”; “to go
through carefully and correct where necessary”; “to look over with a view to improving or correcting”.
According to the Oxford English Dictionary, the term “revision” means, “the action of revising,
especially critical or careful examination or perusal with a view to correcting or improving”.
~49~
No definition of the term “revision” has been given by any of the statute, e.g. The General Clauses

Page 25 of 30
No definition of the term “revision” has been given by any of the statute, e.g. The General Clauses
Act, The Code of Civil Procedure etc., so, we have to depend on the definition given by the legal experts
and decision held on the legal proceedings.
It was held in the State Road Commission of West Virginia v. West Virginia Bridge Commission ,
that “revision” means, “a re-examination or careful reading over for correction or improvement” 156
Revision is a purely discretionary remedy granted by a higher court with a view to correcting
miscarriage of justice.
156
112 W.Va. 514, 166 S.E. 11, 13

Page 26 of 30
Page 27 of 30
Page 28 of 30
Page 29 of 30
Find new research papers in:
Physics
Chemistry
Biology
Health Sciences
Ecology
Earth Sciences
Cognitive Science
Mathematics
Computer Science

Page 30 of 30

Appeal Review Revision Under The CPC 1908 Rafsan Jaman - Academiaedu

Diunggah oleh

Informasi Dokumen

Judul Asli

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

Appeal Review Revision Under The CPC 1908 Rafsan Jaman - Academiaedu

Diunggah oleh

Hak Cipta:

Format Tersedia

!

Appeal Review Revision under the CPC 1908

http://www.academia.edu/34201204/Appeal_Review_Revision_under_the_CPC_1908 07/02/19, 8D02 AM

Form of Application of Review:

Rejection of the Application:

Granting of the Application:

http://www.academia.edu/34201204/Appeal_Review_Revision_under_the_CPC_1908 07/02/19, 8D02 AM

! it was in contravention of the provisions of rule 2, Or. 47, CPC, 1908;

! thirty days in any court other than the Supreme Court.

Appeal vs. Review:

Appeal Subject Matter Review

http://www.academia.edu/34201204/Appeal_Review_Revision_under_the_CPC_1908 07/02/19, 8D02 AM

Part 03: Revision

Origin & Basic Concept of the Term “Revision”

Origin of the Term “Revision”:

http://www.academia.edu/34201204/Appeal_Review_Revision_under_the_CPC_1908 07/02/19, 8D02 AM

http://www.academia.edu/34201204/Appeal_Review_Revision_under_the_CPC_1908 07/02/19, 8D02 AM

http://www.academia.edu/34201204/Appeal_Review_Revision_under_the_CPC_1908 07/02/19, 8D02 AM

Anda mungkin juga menyukai