Review Petition

What is Review Petition?

A Review Petition is a formal legal request made by the party to the same court which delivered a judgment or order to reconsider its decision. It is generally filed when there appears to be a clear mistake, an error evident on the face of the record, or when new and significant evidence has emerged that was not available during the original proceedings. 

The objective of a review petition is not to reopen or reargue the entire case but to enable the court to correct an apparent error or oversight in its judgment, thereby ensuring that justice is rightly served. 

Review Petitions are governed by Article 137 of the Constitution of India for the Supreme Court of India and Order XLVII Rule 1 of the Code of Civil Procedure, 1908 (CPC) for civil matters. In criminal cases, they are entertained under the Supreme Court Rules, 2013. 

Why Choose DigiLawyer for Your Review Petition?

Explore how DigiLawyer streamlines the legal process for filing a Review Petition. Our team ensures your petition is professionally drafted, court-ready, and formatted to meet the specific procedural requirements of the Supreme Court or High Court. From easy access to secure delivery, here's how we stand out:

Legal Professionals

Our team of skilled legal experts drafts and reviews petitions, ensuring they meet all necessary legal and procedural standards for effective court presentation.

Easy and Convenient

Consult with our legal experts and get your professionally drafted review petition delivered directly to your device, without the need to visit an office or deal with endless paperwork. It’s fast, efficient, and convenient.

Secure & Confidential

We understand the sensitive nature of review petitions, especially in cases involving rights and liberties. Your personal information is safe with us, as we follow strict confidentiality protocols to protect your privacy at all times.

Clear and Transparent

Transparency is key. We offer no-hidden-fee policies so you’ll always know what you’re paying for - no fine print, no unexpected charges. The cost is clear from the start, with no surprises.

Customized for Cases

Whether you’re challenging a specific judgment, order, or decision, DigiLawyer tailors your review petition to reflect the facts, legal grounds, and desired relief.

Download or Get It Delivered

Once your review petition is ready, you can either download the PDF version instantly or have a printed copy delivered directly to your doorstep with tracking and proof of dispatch.

How Can DigiLawyer Help You with Your Review Petition? 

At DigiLawyer, we specialize in preparing strong, error-focused Review Petitions. Our Expertise Includes: 

Whether it’s a civil decree, criminal conviction, family dispute, or corporate order, DigiLawyer tailors your Review Petition to suit the jurisdiction, subject matter, and procedural requirements of the concerned court. 

Documents Required for Drafting & Filing a Review Petition in Court

Essential Documents Required for Filing the Review Petition- 

• Properly drafted and signed Review Petition 
• Certified copy of the judgment or order sought to be reviewed 
• Affidavit in support of the petition (attested by notary or oath commissioner) 
• Vakalatnama (if filed through an advocate) 
• Supporting documents or newly discovered evidence (if applicable) 
• Address for service of notices 

Optional (but useful): 

• Previous pleadings or case filings 
• Identity proof for verification 
• Court fee as per relevant court’s rules 

Process/ Step-by-Step Guide to File a Review Petition 

Step 1: Identify Grounds for Review 

The petitioner or their lawyer examines the original judgment to identify errors, omissions, or new evidence that qualify under Order XLVII Rule 1 CPC or Article 137 of the Constitution. 

Step 2: Drafting the Review Petition 

A detailed and precise Review Petition is drafted, stating: 

• The case number and title 
• Date of judgment/order under review 
• Grounds for review (error apparent, new evidence, legal oversight, etc.) 
• Supporting facts, documents, and affidavits 

Step 3: Attach Supporting Documents 

Annex certified copies of the judgment, relevant documents, affidavits, and new evidence (if any). 

Step 4: Filing the Petition 

The petition is filed before the same court that delivered the order- such as the Supreme Court or the High Court- within the prescribed limitation period (30 days). 

Step 5: Scrutiny and Hearing (if any) 

Review petitions are usually decided in chambers without oral hearings. However, in exceptional cases, the court may grant a short hearing. 

Step 6: Court’s Decision 

The court may: 

• Allow the review and modify or recall the order, or 
• Dismiss the review petition if no apparent error or new evidence is found. 

If dismissed, the only further remedy in rare cases is a Curative Petition before the Supreme Court.

Who Can File a Review Petition? 

A Review Petition can be filed by: 

• Any party to the case who is aggrieved by the final judgment or order. 
• An individual or organization that discovers new and relevant evidence that could not be produced earlier despite due diligence. 
• A person affected by error apparent on the record- for example, a misinterpretation of facts, oversight of a legal provision, or procedural lapse. 

It must be filed before the same court that passed the original judgment or order. 

Grounds for Filing a Review Petition 

A review petition can be filed when a party believes that the court’s judgment contains an error, omission, or oversight that needs correction. Common grounds include: 

1. Error Apparent on the Face of Record: When there is a clear and obvious mistake in the judgment, such as incorrect interpretation of facts, law, or evidence. 
2. Discovery of New and Important Evidence: If significant evidence, which existed at the time of the decision but could not be produced despite due diligence, comes to light. 
3. Mistake or Omission by the Court: When the court has overlooked material facts, submissions, statutory provisions, or precedents that could have affected the outcome. 
4. Misapplication of Law: If the judgment contains an incorrect application of legal principles or relies on a precedent that has been wrongly interpreted. 
5. Procedural Irregularities: When any procedural lapse or violation occurred during the hearing, affecting fairness or the final decision. 
6. Clarification of Ambiguous Findings: If the judgment contains unclear, contradictory, or incomplete directions requiring clarification to avoid future disputes. 
7. Prevention of Injustice: A review is justified when correction is necessary to prevent miscarriage of justice or ensure fairness in the final outcome.

Governing Laws 

Review Petitions are governed by: 

1. Article 137 of the Constitution of India- This Article gives the Supreme Court of India the power to review any judgment or order it has pronounced, subject to any law passed by Parliament or rules made under Article 145. 
2. Section 114 together with Order XLVII Rule 1 of the Code of Civil Procedure, 1908 (CPC): Section 114 provides the substantive power for courts to review their judgments in civil proceedings.  Order XLVII Rule 1 details the conditions under which a review can be applied for in civil matters, for example: when new and important evidence surfaces, or there is a mistake apparent on the face of the record, or for “any other sufficient reason”. 
3. Supreme Court Rules, 2013 (especially Order XLVII of these Rules)- These rules govern how review petitions are to be filed before the Supreme Court- setting out the procedure, timelines, bench composition etc. 
4. High Court Rules- For review petitions filed before a State High Court, the respective High Court’s rules apply (in addition to the CPC) to govern procedure and practice in that particular High Court.

Consequences of Not Filing a Review Petition 

Not filing a review petition when a judgment contains an error or omission can lead to several disadvantages: 

• The incorrect or incomplete judgment remains in force, affecting your rights and legal position. 
• Important errors, overlooked facts, or misinterpretations stay uncorrected, making future litigation harder to fix. 
• Interim or final orders may be acted upon, creating complications that become difficult to reverse later. 
• Your opportunity to point out mistakes or new evidence weakens, as courts may view delayed review requests unfavourably. 
• The opposite party may take advantage of the unchallenged order, strengthening their position based on an incorrect judgment. 
• Once the matter progresses to appeal or execution, courts are less willing to permit review on grounds that could have been raised earlier.

Frequently Asked Questions