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Review under Code of Civil Procedure, 1908 and Judgment

Review Section 114, Order -46

Review means re-examination or re-consideration of its own decision by the very same court.
(The decision of any court, any mistake or error in the order whether that method, fact or
procedure, is in relation to anyone).

Review is an important step to stop the plurality of the suit.

Also Read

Res Judicata || Section 11 of the Civil Procedure Code 1908

As per Section -114 Review

Subject as aforesaid, any person considering himself

aggrieved— 1. By a decree or order from which an appeal is allowed by this code, but from
which no appeal has been preferred.

  • 2.By a decree or order from which no appeal is allowed by this Code, or
  • 3. By a decision on a reference form Court of Small Causes,

May apply for a review of judgment to the Court which passed the decree or made the order
thereon as it (fit.

Review can be done against the order-

The review can be against the order in which appeals can be made, but no appeal has been made.

 If any order or decision has already been appealed against it, it will not be reviewed against it.

Ground of Review
  1. When a new and essential topic is known .
  2. It appears that there has been mistake or error regarding the method, fact, or process in order.
  3. Other any sufficient reason.

Review Related Case Study  

Lily Thomas v/s Union of India on 5 April, 2000 (Supreme Court of India)

Lily Thomas v/s Union of India on 5 April, 2000 (Supreme Court of India)

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