Review
Section 114 of the Code of Civil Procedure, 1908 deals with review. Subject as aforesaid, any person considering himself aggrieved— (a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred. The Act came into force on 01 Jan 1909.
Subject as aforesaid, any person considering himself aggrieved—
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.
(b) by a decree or order from which no appeal is allowed by this Code, or
(c) by a decision on a reference from a Court of Small Causes,
may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
Section 114, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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U. P. Power Corporation LTD vs National Thermal Power Corp. Ltd.
Court's Decision & Legal Precedent
Once a tariff order passed by the Central Electricity Regulatory Commission acquires finality after a reasonable time has elapsed (approximately 4-5 years), the Commission cannot ordinarily revisit or revise the tariff to include costs that should have been presented during the original tariff determination process. A party claiming additional costs has the responsibility to present all relevant data and claims during the tariff proceedings; failure to do so precludes later claims in separate revision petitions. The tariff is a complete regulatory package, and reopening it after prolonged periods to accommodate retrospectively-claimed costs would be inequitable to consumers and would undermine the finality and predictability essential to regulatory schemes. This principle applies even though the CERC exercises wide regulatory jurisdiction not strictly bound by procedural rules of civil procedure.
On this section: Court distinguished regulatory jurisdiction of CERC from judicial review powers under CPC, noting that CERC's power to revise tariff is not analogous to CPC review jurisdiction and principles of Order II Rule 2 do not strictly apply to regulatory proceedings
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Union of India v. Paras Ram
Court's Decision & Legal Precedent
HC Final Order order-1.pdf 2015-06-25 DATE VERIFIED. HP DB Mansoor Ahmad Mir CJ / Dharam Chand Chaudhary. RP 65/2015. Approved for reporting. Power of review under CPC 114 read with Order 47 Rule 1 is limited to error apparent on the face of the record, discovery of new evidence, or analogous sufficient reason; review is not an appeal in disguise and a subsequent contrary decision of a superior court is not a ground (Order 47 Explanation). No error on the face of the 04.07.2014 judgment. Map cpc 114 only. Do not pad Art 226.
On this section: CPC 114 review lies only for error apparent on the face of the record (or new evidence / analogous reason); it is not a rehearing or an appeal in disguise (Union of India v. Paras Ram).
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Rds Project Ltd. R/b Its Chairman & ANR. vs Althaia
Court's Decision & Legal Precedent
A decretal liability passed in a First Appeal can be substituted with a negotiated lumpsum settlement through mutual consent in a review petition under Order 23 Rule 3 of the CPC.
On this section: Invocation of review jurisdiction under which the compromise petition was introduced.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The ambit and scope of provision of Review as contained in Section 114 and Order 47 CPC has been elaborately considered and dealt with by the Apex Court in case titled as Inderchand Jain Vs. Motilal reported in 2009 (14) SCC 663 wherein at paras 7 to 11 it has been provided as under: "7. Section 114 of the Code of Civil Procedure (for short "the Code") provides for a substantive power of review by a Civil Court and consequently by the appellate courts. The words "subject as aforesaid" occurring in Section 114 of the Code means subject to such conditions and limitations as may be prescribed as appearing in …
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… In Haridas Das vs. Usha Rani Banik and others [2006 (4) SCC 78], this Court made a reference to the explanation added to Order 47 by the Code of Civil Procedure (Amendment) Act, 1976 and held : "13. In order to appreciate the scope of a review, Section 114 CPC has to be read, but this section does not even adumbrate the ambit of interference expected of the court since it merely states that it "may make such order thereon as it thinks fit". The parameters are prescribed in Order 47 CPC and for the purposes of this lis, permit the defendant to press for a …
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… In Haridas Das vs. Usha Rani Banik and others [2006 (4) SCC 78], this Court made a reference to the explanation added to Order 47 by the Code of Civil Procedure (Amendment) Act, 1976 and held : "13. In order to appreciate the scope of a review, Section 114 CPC has to be read, but this section does not even adumbrate the ambit of interference expected of the court since it merely states that it "may make such order thereon as it thinks fit". The parameters are prescribed in Order 47 CPC and for the purposes of this lis, permit the defendant to press for a …
Questions about Section 114
What have the courts held on Section 114 of the Code of Civil Procedure?
U. P. Power Corporation LTD vs National Thermal Power Corp. Ltd. (03 Mar 2009) is the leading judgment on this section among those set out below: Court distinguished regulatory jurisdiction of CERC from judicial review powers under CPC, noting that CERC's power to revise tariff is not analogous to CPC review jurisdiction and principles of Order II Rule 2 do not strictly apply to regulatory proceedings. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2009 to 2025.
How do I find court cases under Section 114 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 114, section 114 CPC, section 114 of the Code of Civil Procedure. People searching for it also type cpc 114 order 47 and cpc 114 review application. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with U. P. Power Corporation LTD vs National Thermal Power Corp. Ltd. (03 Mar 2009).
When did Section 114 of the Code of Civil Procedure come into force?
Section 114 of the Code of Civil Procedure, cited as CPC 114, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.