Article 137 & Order 47 Rule 1 CPC

Supreme Court Lawyer for Review PetitionTrusted guidance for matters before the Supreme Court of India

A Review Petition before the Supreme Court is a remedy to seek re-examination of a judgment already delivered by the Court. It is strictly limited to errors apparent on the face of the record and is not an opportunity for a fresh hearing. Our lawyers carefully assess whether your matter has genuine review grounds.

What is a Review Petition in the Supreme Court?

Article 137 of the Constitution of India empowers the Supreme Court to review any judgment pronounced or order made by it. This power is exercised subject to the provisions of any law made by Parliament and the rules made under Article 145. In practice, the Supreme Court reviews its own orders under Order 47, Rule 1 of the Code of Civil Procedure (for civil matters) and Section 362 BNSS / Section 362 CrPC (for criminal matters, which is more limited).

A review petition is not a second appeal. The Supreme Court can review its judgment only on three narrow grounds: (i) discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the petitioner's knowledge at the time of the original hearing; (ii) some mistake or error apparent on the face of the record; or (iii) any other sufficient reason analogous to those above.

In criminal matters, the scope of review is even more limited — the Supreme Court can only correct 'errors apparent on the face of the record' and not re-evaluate the evidence. Where a death sentence has been confirmed, a special bench of three judges hears the review petition in open court (not in chambers as is otherwise the practice).

When Can You File a Review Petition?

  • A Supreme Court judgment contains an error apparent on the face of the record — such as a mathematical mistake, a factual statement clearly contrary to the record, or citing a wrong provision of law
  • New, important evidence has come to light after the judgment that could not have been discovered earlier with due diligence
  • The Court overlooked a binding precedent of a Constitution Bench that directly applied to the case
  • The Court decided a point not raised by either party without giving an opportunity of hearing — violation of principles of natural justice
  • In death sentence cases — the Supreme Court mandates open-court hearing for review petitions, and the review provides an additional safeguard

How a Review Petition is Filed

  1. 1

    Assess Genuine Grounds

    Review is not a fresh appeal. Before filing, our lawyers carefully analyse the judgment to identify true errors — not mere disagreement with the outcome.

  2. 2

    File Within 30 Days

    A review petition must be filed within 30 days of the judgment (for civil matters). Delay in filing requires condonation of delay.

  3. 3

    Chambers Hearing

    Ordinarily, review petitions are decided by circulation (without oral hearing) by the same bench that delivered the judgment. Oral hearing is granted only if the Court so decides.

  4. 4

    Open Court for Death Sentences

    If a death sentence has been confirmed, the review petition is mandatorily heard in open court by a bench of three judges.

  5. 5

    Outcome

    If the review is allowed, the original order is recalled and the matter re-heard. If dismissed, a Curative Petition is the last constitutional remedy.

Key Legal Provisions

Article 137

Constitution of India

“Empowers the Supreme Court to review any judgment or order made by it, subject to rules made under Article 145.”
Order 47 Rule 1

Code of Civil Procedure, 1908

“Grounds for review in civil matters — error apparent on face of record, new evidence, or other sufficient reason.”
Rule 1, Order XL

Supreme Court Rules, 2013

“Procedure for filing review petitions in the Supreme Court, including limitation of 30 days.”

Important Timelines

Review petition (civil)

30 days

From the date of the judgment sought to be reviewed

Condonation of delay

Available

Delay can be condoned on sufficient cause — but early filing is critical

Outcome

Varies

Chambers review: decided without oral hearing; death sentence: open court hearing

⚠ Limitation periods are strictly enforced. Always consult a lawyer before the deadline passes.

Frequently Asked Questions — Review Petition

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