Definition
A petition seeking reconsideration of a court's judgment by the same court — filed when there is an error apparent on the face of the record, when new evidence is discovered that could not have been produced at trial, or when there is any other sufficient reason.
The right of review is available under: (a) Article 137 of the Constitution—the Supreme Court may review its own judgments or orders; (b) Order XLVII Rule 1 CPC — (c) High Courts Under Art 226 of COI and (d) the decree of civil court under Order XLVII. However, as per Section 403 of BNSS, states that no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error. Grounds for review (Order XLVII Rule 1 CPC): discovery of new and important matter or evidence that could not have been found at the time of the original proceeding; mistake or error apparent on the face of the record; and any other sufficient reason. A review is not a rehearing of the case — it is a reconsideration limited to specified grounds.
Statutory Definition
Article 137, Constitution of India: 'Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.' Order XLVII Rule 1, CPC: '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 Code; or (c) by a decision on a reference from a Court of Small Causes, and who, 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 at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the court which passed the decree or made the order.'
Etymology & Origin
From Latin 'revidere' (to see again, to review) from 're' (again) + 'videre' (to see). A review 'sees again' — the court reconsiders what it already decided.
Full Legal Analysis
Review Petition: Asking the Same Court to Look Again
A review petition is the most direct approach to correcting a court’s error — asking the same court to reconsider. Courts are understandably reluctant to revisit their own decisions (consistency and finality are important values), but they are not infallible. The review procedure provides a structured mechanism for correcting specific types of errors without disturbing the finality that makes court decisions authoritative.
Grounds for Review: Three Specified Situations
(a) Discovery of new evidence: Evidence that was not available despite due diligence at the time of the original proceeding — discovered after the judgment. The evidence must be material — it must be likely to have affected the outcome if it had been available. (b) Error apparent on the face of the record: A clear, obvious error visible on the face of the court's own record — not requiring argument to identify. The error must be apparent (visible without analysis); a debatable point of law is not an 'apparent error.' (c) Any other sufficient reason: A residual ground — courts have been cautious in applying this to prevent every losing party from filing a review. 'Other sufficient reason' must be comparable in gravity to the specified grounds.
Review Is Not a Rehearing
Courts consistently emphasise that review is not a second appeal or a rehearing: (a) New arguments that could have been made at the original hearing are not grounds for review. (b) Mere dissatisfaction with the outcome is not a ground for review. (c) Re-appreciation of the evidence without discovery of new evidence is not a ground. (d) A change in law after the judgment is not a ground for review. The Supreme Court in Raja Prithwi Chand Lal Choudhary v. Sukhraj Rai AIR 1941 FC 11: 'The doctrine of review is to allow the court to rectify its mistakes, not to give dissatisfied parties another chance.'
“A review petition is the law’s acknowledgement that courts can make mistakes — and that mistakes of specific, defined kinds deserve correction by the same court. It is not an invitation to re-argue the case; it is a narrow, principled mechanism for correcting demonstrated errors before they become uncorrectable.”
This Term in Indian Statutes
Constitution of India, 1950
"Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it."
Article 137: Supreme Court's power of self-review — implemented through Order XLVII CPC for civil cases
