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Trending: Call for Papers Volume 5 | Issue 1: International Journal of Advanced Legal Research [ISSN: 2582-7340]

EXCEPTIONAL CIRCUMSTANCES: A DEEP DIVE INTO JUDICIAL REVIEW UNDER THE CODE OF CIVIL PROCEDURE – Dhroovika Bhola

ABSTRACT

The paper shares the underlying judicial approach with respect to the provision of Review under the code of civil procedure. Once a judgement is passed/ pronounced and signed by a court, it does not have the jurisdiction to alter it, yet in certain circumstances under the provision of Review this rule can become an exception and allow the court to review its decision. The paper throws light on importance of review and its application it further examines the statutory provisions, judicial interpretations through various judgements and procedural requirements for the application of Review. The civil court has provisions relating to issues by referring it to the higher jurisdiction and obtaining their opinion, in matters of gross injustice due to inadvertent issues the court may also review its decisions and may also revise the same. The Indian legal system have made the framework for judgements as such that it does not lose its power and sanctity by not giving the courts the authority to change its judgements after pronouncement in open court so that justice is prevailed and not taken lightly, to protect the same the provision of Review was also brought in as an exception in matters to serve justice where certain facts which could not be brought upon in the court timely and the decision may be affected by the same. Even though the exceptions are exhaustive in nature, the four major situations where review of judgements and decisions are allowed are when aggrieved parties fees that justice has not prevailed, they may go for an appeal against such order or decree, review of the decision or reference to a higher court The paper revolves around the scope, procedure and limitations of Review.

Keywords: Review, Revision, Reference, Appeal, Trial