Review Application Format u/s 114 CPC

May 14, 2019

Format of Review Application u/s 114 CPC

 

The Right of Review is granted by CPC as a remedy to be sought for an applied under special circumstances and conditions. The objective of this right is to correct the error or any mistake made in the decision of the court. This right is subjected to many limitations and conditions mentioned in Order 47 of the Civil Procedure Code.

 

Conditions for applicability

An application for Review may be filed by any person, if such person perceive himself as aggrieved by–

  • “A decree or order which has been passed or made, by any civil court, And

  • from such decree or order, an appeal is allowed,

  • But no appeal has been filed yet, at the time of filing of the Review application”,

Grounds for review

Review can be filed, if there is:

  • “Discovery of New and Important matter or evidence, which, after the exercise of due diligence was not within the knowledge of the person seeking review or could not be produced by him at any time when the decree was passed or order made”,

  • Or, “some mistake or error apparent on the face of the record”,

  • Or, “any other sufficient reason”.

 

IN THE COURT OF HON’BLE PRINCIPAL FAMILY JUDGE, (jurisdiction)

 

Case No.              of            Year

 

Humble application u/s 114 CPC for review of order dated______.

 

Hon’ble Sir,

It is most respectfully submitted as under:-

  • [In brief the chronology of events that transpired during the conclusion of Order which is sought to be reviewed.]

  • _____

  • _____

  • _____

  • The Petitioner submits that however the Hon’ble Court vide its Order dated ____ were pleased to __________________________ . Hereto annexed and marked as Exhibit “A” the copy of Order which is sought to be reviewed.

  • Being aggrieved and dissatisfied by the Judgment and/or Order dated ______, the oetitioner herein has filed this petition on the following amongst other grounds which are without prejudice to and in the alternative to one another.

  • The Petitioner further submits that, had the grounds, set out herein below, been pointed out to the Hon'ble Court, the Hon’ble Court would have certainly allowed the Intervention of the Petitioner.

Grounds

  • a) 

  • b) 

  • c) 

  • d) 

  • The Petitioner states that in light of the aforesaid facts and circumstances and upon the grounds stated hereinabove, it is just and reasonable, and it would be in the interest of justice that the said Order be reviewed.

  • The Petitioner craves leave to add, amend, alter and/or delete any of the aforesaid grounds if required.

  • The Petitioner states that except this no other petition, appeal, application or review of the said Order is filed or pending either in this Hon’ble High Court or in the Hon’ble Supreme Court of India.

Prayer

  • Therefore, it is very humbly and respectfully that this Hon'ble Court may graciously be pleased to:

  • Review the judgment and order dated ______ and further be pleased to modify it to the extent of setting aside the order, thereby ___________

  • Grant such other and further relief as this Hon’ble Court may deem fit and proper in the circumstances of the present case be granted.

Applicant

Date:

        

Verification clause

The person verifying the Plaint shall in the Verification Clause, specify, by reference to the numbered paragraphs of the pleading, what he verifies from his own knowledge and what he verifies upon information received and believed to be true. 

 

 

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