"UNDERSTANDING “WHAT A REVIEW PETITION IS”, “WHEN IT CAN BE FILED”, “HOW TO FILE IT”?

By: -        Natasha Rocha is a 4th year BBA LLB Law student, studying at  ISBR Law College affiliated to Karnataka State Law University.

1. Meaning of a Review Petition

A “review petition” is a legal remedy provided under “Section 114 and Order XLVII Rule 1 of the Code of Civil Procedure, 1908 (CPC)” and also recognized in Articles 137 & 145 of the Constitution of India (for Supreme Court matters).

It allows the same court that delivered a judgment or order to re-examine its decision if there is an error or some important matter that was overlooked.

Think of it as asking the court:

"Please take another look at your decision — you might have missed or misunderstood something crucial."

2. When Can a Review Petition Be Filed?

A review petition can only be filed in specific circumstances:

1. Discovery of new and important evidence

o   Evidence that was not within your knowledge and could not have been produced earlier despite due diligence.

2. Error apparent on the face of the record

o   A clear legal or factual mistake in the judgment (something obvious without needing long arguments).

3. Any other sufficient reason

o   Broad ground, but courts interpret it narrowly (e.g., violation of principles of natural justice).

Not Allowed:

• Simply because you disagree with the judgment.

• To re-argue the case on the same grounds.

• To bring in facts you could have raised earlier.

3. Time Limit for Filing

• Civil cases: 30 days from the date of judgment/order (Order XLVII Rule 1 CPC).

• Supreme Court review petitions: 30 days (as per Supreme Court Rules, 2013).

• High Court: Follows CPC unless state amendment says otherwise.

4. Procedure to File a Review Petition

1. Drafting the petition clearly stating:

o   The case details (title, number, date of order).

o   The grounds for review (must fit the legal criteria).

o   The relief sought (what you want the court to do).

2. Attach supporting documents:

o   Copy of the judgment/order you want reviewed.

o   Affidavit verifying the contents of the petition.

o   Any new evidence being relied upon.

3. Pay prescribed court fee (varies by court).

4. File it before the same court that passed the order.

5. Court consideration:

o   First, the court decides whether to admit the review petition.

o   If admitted, the other side may be issued notice for a hearing.

o   Court may allow, dismiss, or modify its earlier order.

5. Draft Sample of Review Petition

(For example, in a civil case before a High Court)

IN THE HIGH COURT OF DELHI AT NEW DELHI

Review Petition No. ___ of 2025

In

Writ Petition (Civil) No. 1245 of 2024

IN THE MATTER OF:

1.    Mr. Rohan Mehta
S/o Mr. Sanjay Mehta, R/o 45, Saket, New Delhi – 110017

... PETITIONER/APPLICANT

VERSUS

2.    Union of India & Ors.
Through the Secretary, Ministry of Housing and Urban Affairs, Nirman Bhawan, New Delhi – 110011

... RESPONDENTS

REVIEW PETITION UNDER SECTION 114 AND ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, READ WITH ARTICLE 226 OF THE CONSTITUTION OF INDIA SEEKING REVIEW OF THE ORDER DATED 15.07.2025 PASSED BY THIS HON’BLE COURT IN WP(C) NO. 1245/2024

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner had filed WP(C) No. 1245/2024 before this Hon’ble Court challenging the cancellation of his allotment under the Government Housing Scheme, which was dismissed vide judgment dated 15.07.2025.

2. That the Petitioner is filing the present Review Petition on the following grounds, which squarely fall under the parameters of Order XLVII Rule 1 CPC:

A.   Discovery of new evidence
The Petitioner, after the judgment, obtained certified copies of official correspondence dated 12.05.2023 between the Ministry and the Housing Board, which clearly indicate that the cancellation was due to a clerical error and not due to any fault of the Petitioner. The said documents were not within the Petitioner’s knowledge earlier despite due diligence

B.   Error apparent on the face of record
The Hon’ble Court, in para 14 of its judgment, recorded that “no representation was filed by the Petitioner,” whereas in fact, the representation dated 20.02.2023 was duly acknowledged by the Respondent (Annexure P-3).

3.    That the above errors have caused grave prejudice to the Petitioner and have resulted in miscarriage of justice.

4.    That there is sufficient cause for this Hon’ble Court to review and recall its judgment dated 15.07.2025.

PRAYER

In view of the above, the Petitioner most respectfully prays that this Hon’ble Court may be pleased to:

a) Review and recall the judgment dated 15.07.2025 passed in WP(C) No. 1245/2024;

b) Pass such further orders as this Hon’ble Court may deem fit and proper in the interests of justice.

Filed by:

Advocate
Counsel for the Petitioner

Place: New Delhi
Date: 08.08.2025

AFFIDAVIT

I, Rohan Mehta, the Petitioner above-named, do hereby solemnly affirm and state that the contents of the accompanying Review Petition are true and correct to my knowledge.

DEPONENT

Tip: Always remember that courts are strict with review petitions — you must clearly link your grounds to Order XLVII Rule 1 CPC or Article 137 Constitution if in SC. If your argument is just a re-hearing of the old case, the court will reject it.

Date: 08th August 2025