Review Petitions

A Review Petition is a statutory remedy enabling a court to reconsider its judgment on extremely limited grounds. It is not an appeal in disguise, but a corrective mechanism to rectify patent errors apparent on the face of the record.

Permissible Grounds for Review

Error Apparent on Record

A clear and self-evident error which does not require elaborate arguments to establish.

Discovery of New Evidence

Important material evidence which could not be produced earlier despite due diligence.

Mistake or Oversight

Clerical, factual or legal oversight affecting the outcome of the judgment.

Violation of Natural Justice

Where hearing was denied or procedural fairness was compromised.

Review Petition Procedure

1. Maintainability Assessment

Careful evaluation of whether the case meets the narrow statutory scope of review.

2. Drafting & Filing

Concise drafting highlighting the error without re-arguing the entire case.

3. Circulation in Chambers

Review petitions are ordinarily decided by circulation without oral hearing.

4. Limited Outcomes

Dismissal, modification, clarification, or recall in exceptional circumstances.

Review vs Curative Petition

A Review Petition is the first corrective remedy against a final judgment, whereas a Curative Petition is an extraordinary constitutional safeguard invoked only after the dismissal of the Review Petition and in cases of gross miscarriage of justice.

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Supreme Court & High Courts – Limited Reconsideration