If any of the party who is aggrieved by an order or final order of judgement passed in Supreme Court in any of the appellate proceedings before it, may prefer a REVIEW PETITION for review of the Judgement passed by Hon’ble Supreme Court under Article 137 of the Constitution of India read with Order XLVII of the Supreme Court Rules.
The Review Petition can be filed on the grounds mentioned in Order XLVII Rule 1 of the Rules, viz. (i) discovery of new and important matter or evidence which, after exercise of due diligence was not within the knowledge or could not be produced by the petitioner at the time when the decree was passed or order made, (ii) on account of some mistake or error apparent on the face of the record, (iii) for any other sufficient reason.
The Review Petition is accompanied by:
- a certified copy or authenticated copy of the order or judgment sought to be reviewed;
- a certificate of the advocate on-record certifying that it is the first application for review and is based on the grounds admissible under 66the Rules.
An application for review under Order XLVII of the Supreme Court Rules read with Article 137 of the Constitution of India is as far as practicable, be circulated to the same Judge or Bench of Judges that delivered the judgment or order sought to be reviewed:
Provided that in case of non-availability of a Judge or Judges of the Bench, by reason of retirement or otherwise, an application for review shall be heard by a Judge or Bench of Judges, as may be ordered by the Chief Justice.
Unless otherwise ordered by the Court, an application for review shall be disposed of by circulation without any oral arguments. However, generally we file an separate application seeking permission for open court hearing of review petition, along with review petition. However sometimes it gets allowed, some times not. Its depends upon the decision of the Supreme Court.
In the case of Mohd. Arif @ Ashfaq vs. The Registrar, Supreme Court of India & Others [2014 (9) SCC 737], the Supreme Court held that :-
“........in review petitions arising out of those cases where the death penalty is awarded, it would be necessary to accord oral hearing in the open court......”
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. An application seeking a review, clarification or modification of an award, passed by a Bench of Lok Adalat, shall be placed before the same Bench at any subsequent Lok Adalat for consideration.
Where any of the members comprising such Bench is/are not available, the application shall be placed before the Chief Justice for constitution of a Bench of Lok Adalat for consideration.
In case settlement, by consent, is not arrived at on the application for review, clarification or modification before the Lok Adalat, the same shall be placed, as per roster, before the Division Bench or as ordered by the Chief Justice.
Supreme court advocate for review petition in Delhi.
