Legal IQ

Quick Referencer for Judicial Service

Q. Does an application of ‘Review’ lie in a case where the judgment is rendered erroneous by virtue of subsequent judgment of Supreme Court? U.P. Higher Judicial Service (Additional District Judge) Exam. 1995.

Ans: No, application of review does not lie in such a case—‘Explanation’ attached to Rule 1 Order 47 (Application for review of judgment).

Reasons: This question is related to ‘Explanation’ attached to Rule 1 of Order 47 which deals with application for review of judgment.

The relevant ‘Explanation’ speaks that the fact that the decision on a question of law on which the judgment of the court is based has been reversed or modified by the subsequent decision of a superior court in any other case, shall not be a ground for the review of such judgment.

In view of the Explanation attached to Rule 1 of Order 47 of C.P.C. it is clear that an application of review would not lie in a case where the judgment (in respect of which applicant wants to file an application of review) has been rendered erroneous by virtue of subsequent judgment of Supreme Court.

Source: Kishor Prasad, Problems & Solutions on Civil Law (Universal)

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