ORDER XLVI

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. PART VIII MISCELLANEOUS ORDER XLVI REVIEW 1 Subject to the law and the practice of the Court, the Court may review its judgement or order in a Civil proceeding on grounds similar to those mentioned in Order XLVII, rule 1 of the Code, and in a Criminal Proceeding on the ground of an error apparent on the face of the record. 2 Application for review shall be filed in the Registry within thirty days after pronouncement of the judgment, or, as the case may be, the making of the order which is sought to be reviewed. The applicant shall after filing the application for review, forthwith give notice thereof to the other party and endorse a copy of such notice to the Registry. 3 Every application for review shall be accompanied by a certified copy of the judgment or order complained of, and when the application proceeds on the ground of a discovery of fresh evidence, certified copies of the documents, if any, relied upon shall be annexed to the application together with an affidavit setting forth the circumstances, under which such discovery has been made. 4. The Advocate signing the application shall specify in brief the points upon which the prayer for review is based and shall add a certificate to the effect that consistently with the law and practice of the Court, a review would be justifiable in the case. The certificate shall be in the form of a reasoned opinion. 5. In case the Court comes to the conclusion that the review application filed was vexatious or frivolous, the Advocate or the Advocate-on-Record, drawing the application may render himself liable to disciplinary action. 6. Except with the special leave of the Court, no application shall be drawn by any advocate other than the Advocate who appeared at the hearing of the case in which the judgement or order, sought to be reviewed, was made. Such Advocate shall, unless his presence has been dispensed with by the Court, be present at the hearing of the application for review. 7. No application for a review in civil proceedings shall be entertained unless the party seeking review furnishes a cash security amounting to Rs. 1,000/- for the costs of the opposite party. 8. As far as practicable the application for review shall be posted before the same bench that delivered the judgement or order sought to be reviewed. 9. After the final disposal of the first application for review no subsequent application for review shall lie to the Court and consequently shall not be entertained by the Registry. 10. All Review petitions presented after the enforcement of Supreme Court Review Powers Act, 1980 but before the framing of Rules thereunder, shall be deemed to have been presented validly under these rules.