Review Petitions — civil, criminal and constitutional

You lose a case, read the judgment at night and find that the judge has written that no agreement was produced, although the agreement is Exhibit 12 in the file. The appeal period is long, but the obvious thing is to ask the same judge to look again. Is that allowed, and does it work in every kind of case? The answer changes sharply between a civil court, a criminal court and the Supreme Court, and a review petition that treats them alike will fail. What is reviewable, on what grounds, and what should the petition say?

In two minutes

A review is an application to the very court that passed the order to correct it, and it is wide in civil law (CPC s.114 and Order XLVII: new evidence, error apparent on the face of the record, or another sufficient reason), barred in criminal courts except for clerical or arithmetical errors (BNSS s.403), and in the Supreme Court rests on Article 137 subject to its own rules.

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Drafting, Pleading and Conveyancing – III on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.