Order XLVII - Review Petition before the Supreme Court
Grounds, limitation, filing requirements and procedure for reviewing a judgment or order of the Supreme Court of India under Article 137 of the Constitution and Order XLVII of the Supreme Court Rules, 2013.
What is a review petition under Article 137?
Article 137 of the Constitution of India confers power on the Supreme Court to review its judgments or orders, subject to laws made by Parliament and rules framed under Article 145. Review is a limited corrective jurisdiction, not a fresh appeal or a general opportunity to reargue a decided case.
Article 145 authorises the Supreme Court, subject to applicable law and prescribed approval, to frame rules regulating its practice and procedure. Order XLVII of the Supreme Court Rules, 2013 governs review petitions.
Permissible grounds for review
For a civil proceeding, Order XLVII Rule 1 refers to the grounds in Order XLVII Rule 1 of the Code of Civil Procedure, 1908: discovery of new and important matter or evidence despite due diligence, a mistake or error apparent on the face of the record, or another sufficient reason recognised in law. Section 114 CPC sets out the statutory framework for civil review, read with Order XLVII CPC and the Supreme Court Rules.
For a criminal proceeding, Order XLVII Rule 1 of the Supreme Court Rules confines review to an error apparent on the face of the record. Mere disagreement with the result or a request to rehear arguments does not by itself establish a ground for review.
Order XLVII - Complete rules on review
The following preserves all five rules and the additional Advocate-on-Record certificate requirement in the supplied text.
Rule 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 1 of the Code, and in a criminal proceeding except on the ground of an error apparent on the face of the record.
The application for review shall be accompanied by a certificate of the Advocate on Record certifying that it is the first application for review and is based on the grounds admissible under the Rules.
Rule 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.
Rule 3
Unless otherwise ordered by the Court 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.
Rule 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.
Rule 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.
How is a Supreme Court review petition considered?
Ordinarily, the petition is circulated for consideration without oral argument and, as far as practicable, before the same Judge or Bench that delivered the decision. The petitioner may provide additional written arguments. The Court may dismiss the petition or direct notice to the opposite party. Oral hearing is not automatic.
Where a review results in reversal or modification for a mistake of fact or law, Rule 4 permits the Court, if justice requires, to order a full or partial refund of the review court fee. Rule 5 prohibits a further review application once review in the same matter has been disposed of. A curative petition under Order XLVIII is a distinct and exceptional remedy subject to its own requirements.
Official sources and further reading
For current rules, amendments, filing procedures and orders, consult the Supreme Court of India official portal and the India Code legislative database. The Supreme Court has discussed the scope of Order XLVII Rule 1 in its judgment dated 9 July 2018. Check subsequent amendments, practice directions and filing requirements before filing.