Review the judgment? Not a second appeal.

The law.

Order XLVII Rule 1, CPC.

“... 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 ..., or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason ...”

Code of Civil Procedure, 1908 · Order XLVII Rule 1, Application for review of judgment

Who and where.

Section 114 and O.XLVII R.1.

• WhoAnyone aggrieved by the decree or order.
• WhenNo appeal filed, or no appeal allowed.
• WhereThe same court that passed it.

Three grounds.

Order XLVII Rule 1.

• New matterNot known or producible despite due diligence.
• Error apparentA mistake on the face of the record.
• Other reasonAny other sufficient reason.

Myth or fact?

What clients often think.

• Myth: Review lets us argue the whole case again.
• Fact: Points already decided are a rehearing, not a review (1988 SCMR 1318; 1976 SCMR 417).

How clear the error?

Two Supreme Court cases.

• 1999 SCMR 2051So manifest that no court can let it stay on record.
• PLD 2022 SC 119A ruling made without adverting to, and against, the law.

The deadline.

Limitation Act, Art. 173.

• The period90 days, from the decree or order (2016 YLR 1847).
• Copy timeExcluded: time to get the copy of the decree and judgment (s.12).

Quick quiz. The other appeal.

Guess first, then swipe for the answer.

• A. No, never
• B. Yes, unless grounds are common
• C. Only with leave

Answer: B. O.XLVII R.1(2).

Code of Civil Procedure.

• The ruleA non-appealing party may seek review despite another's appeal.
• ExceptWhere the grounds are common, or as respondent he can argue it in the appeal.

Before it is granted.

Rules 4 and 5.

• NoticeThe other side must be heard first.
• New evidenceNeeds strict proof it was unknown.
• Same judgeHears it, if still attached to the court.

After the order.

Rules 7 and 9.

• RejectedNot appealable.
• GrantedCan be objected to, in an appeal.
• No second tryNo review of an order made on review.

Drafting the review?

Ask FAI. It answers with the exact rule and the judgments behind it.

• Draft a review application under Order XLVII CPC for an error apparent on the face of the record.
• What is the limitation for a review of judgment in a civil court?

Example questions

Sources

• Code of Civil Procedure, 1908 · Order XLVII Rule 1
  Application for review of judgment Pakistan Code