Section 40   [ View Judgements ]

ORDER XL


REVIEW.



1. The Court may review its judgment or order, but no application for review will be entertained in a civil proceeding except on the ground mentioned in Order XLVII, rule I of the Code, and in a criminal proceeding except on the ground of an error apparent on the face of the record.



2. An application for review shall be by a petition, and shall be filed within thirty days from the date of the judgment or order sought to be reviewed. It shall set out clearly the grounds for review. [1]



3. [2] Unless otherwise ordered by the Court [3] an application for review shall be disposed of by circulation without any oral arguments, but the petitioner may supplement his petition by additional written arguments. The Court may either dismiss the petition or direct notice to the opposite party. An application for review shall as far as practicable be circulated to the same Judge or Bench of Judges that delivered the judgment or order sought to be reviewed.



4. Where on an application for review the Court reverses or modifies its former decision in the case on the ground of mistake of law or fact, the Court, may, if it thinks fit in the interests of justice to do so, direct the refund to the petitioner of the court-fee paid on the application in whole or in part, as it may think fit.



5. Where an application for review of any judgment and order has been made and disposed of, no further application for review shall be entertained in the same matter. [4] cord of any party having neglected to attend personally or by some proper person on his behalf, or having omitted to deliver any paper necessary for the use of the Court which are in his possession and which according to the practice ought to have been delivered, the advocate on record shall personally pay to all or any of the parties such costs as the Court may think fit to award.



3. Where in any proceeding, costs are awarded to any party, the Court may direct the payment of a sum in gross in lieu of taxed costs and may further direct by and to whom the said sum shall be paid.

FOOTNOTES:

1. Amended by General Statutory Rules (G.S.R.) 387, dated 13th March, 1978 (w.e.f. 18.3.1978).

2. Substituted by General Statutory Rules (G.S.R.) 387, dated 13th March, 1978 (w.e.f. 18.3.1978).

3. Added by General Statutory Rules (G.S.R.) 1024, dated 9th August, 1978 (w.e.f. 19.8.1978).

4. Substituted by General Statutory Rules (G.S.R.) 387, dated 13th March, 1978 (w.e.f. 18.3.1978).



#LawyerServices #Section #Act #Law #Statute #IndianLaw #Kanoon