Question

Under Section 114, a person can apply for review of judgment when:

• A. He is aggrieved by a decree/order from which an appeal is allowed, but no appeal is allowed.
• B. He is aggrieved by a decree/order from which no appeal is allowed.
• C. He is aggrieved by a decision on a reference from a court of small causes.
• D. All of the above

Hint:

Remember: Review jurisdiction is limited — it is not a rehearing of the case, but only correction of an error apparent on record.

Answer 1

The Correct Option is D

Step 1: Understanding Section 114 CPC.
Section 114 of the Code of Civil Procedure provides the power of review. It allows a person who is aggrieved by a judgment, decree, or order to apply for a review under specific circumstances. This provision ensures that errors apparent on the face of the record can be corrected by the same court.

Step 2: Situations where review is permitted.
A review can be sought when: 1. A decree or order has been passed against the person, from which an appeal is allowed but no appeal has been preferred. 2. A decree or order has been passed, from which no appeal is allowed. 3. A decision has been made on a reference from a Court of Small Causes.

Step 3: Analyzing the options.
- (A) Correct, because if an appeal is allowed but not filed, review may be sought.
- (B) Correct, since review is allowed when no appeal is provided.
- (C) Correct, because review is also applicable in case of a decision on a reference from a Small Causes Court.
- (D) Correct, since all the above conditions fall within the scope of Section 114.

Step 4: Conclusion.
Thus, a review application can be filed in all the situations mentioned, making the correct answer (D) All of the above.