Law Maker

THE FIRST SCHEDULE · ORDER XLVII REVIEW

Order XLVII Rule 1: Application for review of judgment

The Code of Civil Procedure, 1908

(1) Any person considering himself aggrieved—

(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed, or

(c) by a decision on a reference from a Court of Small Causes,

and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order.

(2) A party who is not appealing from a decree or order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applied for the review.

1[Explanation.—The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgment.]

Footnotes in the official text

  1. 1.Ins. by Act 104 of 1976, s. 92 (w.e.f. 1-2-1977).

Leading cases

Questions on this rule

5 questions in 25 of our papers cite Order XLVII Rule 1. Try these from the free papers:

  1. 1. In Parsion Devi v. Sumitri Devi (1997), the Supreme Court explained the limits of review under Order XLVII Rule 1 CPC. It held that:

  2. 2. A decree was passed against D1 and D2. D2 has appealed against it on a ground common to both of them. D1, who has not appealed, wishes to apply to the trial court for review of the judgment on the same ground. Under Order XLVII Rule 1(2) CPC:

Practise questions on Civil Procedure Code