# Review the judgment? Not a second appeal.

> Under section 114 and Order XLVII Rule 1 CPC, a review lies to the same court on three grounds only: new and important matter not available despite due diligence, a mistake or error apparent on the face of the record, or any other sufficient reason. Rearguing decided points is a rehearing, not a review.

- Topic: Courts and procedure
- For: Advocates
- A 13-slide carousel: https://failegal.site/media/review-the-judgment-not-a-second-appeal
- Published by FAI Legal on 2026-10-23

## 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)

## Who and where.

Section 114 and O.XLVII R.1.

- **Who** Anyone aggrieved by the decree or order.
- **When** No appeal filed, or no appeal allowed.
- **Where** The same court that passed it.

## Three grounds.

Order XLVII Rule 1.

- **New matter** Not known or producible despite due diligence.
- **Error apparent** A mistake on the face of the record.
- **Other reason** Any 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 2051** So manifest that no court can let it stay on record.
- **PLD 2022 SC 119** A ruling made without adverting to, and against, the law.

## The deadline.

Limitation Act, Art. 173.

- **The period** 90 days, from the decree or order (2016 YLR 1847).
- **Copy time** Excluded: 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 rule** A non-appealing party may seek review despite another's appeal.
- **Except** Where the grounds are common, or as respondent he can argue it in the appeal.

## Before it is granted.

Rules 4 and 5.

- **Notice** The other side must be heard first.
- **New evidence** Needs strict proof it was unknown.
- **Same judge** Hears it, if still attached to the court.

## After the order.

Rules 7 and 9.

- **Rejected** Not appealable.
- **Granted** Can be objected to, in an appeal.
- **No second try** No 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?**

## Sources

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

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Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review.

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