Review Petition

IN THE [court_name] REVIEW PETITION NO. ________ OF 20____ IN CASE NO. [case_number] IN THE MATTER OF: [petitioner_name] [petitioner_address] ... PETITIONER VERSUS [respondent_name] ... RESPONDENT PETITION UNDER SECTION 114 READ WITH ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING REVIEW MOST RESPECTFULLY SHOWETH: 1. That this Hon'ble Court was pleased to pass an order/decree dated [order_date] in Case No. [case_number]. A certified copy is filed with this petition. 2. SUBSTANCE OF THE ORDER [order_summary] 3. GROUNDS FOR REVIEW [grounds_for_review] 4. NEW AND IMPORTANT MATTER OR EVIDENCE [new_evidence] The Petitioner states that the said matter or evidence was not within the Petitioner's knowledge, and could not, despite the exercise of due diligence, have been produced at the time when the order was passed. 5. ERROR APPARENT ON THE FACE OF THE RECORD That the order suffers from an error apparent on the face of the record, being an error that is self-evident and does not require any elaborate argument or a long-drawn process of reasoning to establish. 6. That no appeal has been preferred against the said order, or where an appeal lies, the Petitioner has not preferred one. 7. That the present petition is filed within the period of limitation prescribed by the Limitation Act, 1963, being thirty days from the date of the order. 8. That this petition is made bona fide and in the interests of justice, and not with a view to re-argue the matter or to seek a fresh hearing on the merits. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Review the order/decree dated [order_date] passed in Case No. [case_number]; (b) Recall or modify the said order and pass such fresh order as this Hon'ble Court may deem just, after hearing the parties; (c) Stay the operation of the said order pending disposal of this petition; and (d) Pass such other orders as this Hon'ble Court may deem just and proper. AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL EVER PRAY. Place: ______________ Date: [filing_date] [petitioner_name] PETITIONER Through ______________________ ADVOCATE THE SCOPE OF REVIEW IS NARROW — AND THIS IS WHERE REVIEW PETITIONS FAIL Order XLVII Rule 1 permits review on THREE grounds only: (a) discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the applicant's knowledge or could not be produced at the time the order was made; (b) a mistake or ERROR APPARENT ON THE FACE OF THE RECORD; or (c) any other sufficient reason, which has been read as a reason analogous to the two above. A review is NOT an appeal in disguise. The court does not re-hear the matter, re-appreciate the evidence, or reconsider a view it has already taken. An error that has to be established by a long process of reasoning on points where two opinions are possible is NOT an error apparent on the face of the record. Most review petitions fail because they are, in substance, an argument that the court decided wrongly. That is a ground of appeal, not of review. If the complaint is that the court reached the wrong conclusion on the merits, the remedy is an appeal. LIMITATION: thirty days from the date of the decree or order. Where a certified copy is required, the time taken to obtain it is ordinarily excluded.