Section 114 (Review) of The Code Of Civil Procedure, 1908
Subject as aforesaid, any person considering himself aggrieved-
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed by this Court, or
(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
Section 114 of the Code of Civil Procedure, 1908, provides for the power of the court to review its own judgment or order. The section empowers the court to review any judgment pronounced by it, for the purpose of correcting any errors or mistakes that may have crept in, either on account of some accidental slip or omission or on account of some mistake or error of law apparent on the face of the record.
The section also allows the court to review its own order if it is satisfied that there is some new and important matter or evidence which was not within the knowledge of the party seeking the review at the time of the original hearing, or that there was some mistake or error which needs to be rectified.
However, it is important to note that the power of review under Section 114 is not unlimited. The court cannot review its own judgment or order merely because the parties are dissatisfied with it or because it has been discovered that another view could have been taken on the same facts and evidence. The power of review can only be exercised in cases where the court finds that there was some error or mistake that needs to be rectified.
Furthermore, the power of review under Section 114 is subject to certain limitations in terms of time and grounds. The review petition must be filed within a specified time period, which is usually 30 days from the date of the judgment or order. Moreover, the grounds for review must be clearly specified and should fall within the ambit of the provisions of Section 114.
In conclusion, Section 114 of the Code of Civil Procedure, 1908, provides for the power of the court to review its own judgment or order for the purpose of correcting any errors or mistakes that may have crept in, or to rectify any new and important matter or evidence which was not within the knowledge of the party seeking the review at the time of the original hearing. However, the power of review is subject to certain limitations in terms of time and grounds, and can only be exercised in cases where the court finds that there was some error or mistake that needs to be rectified.
