A judgment passed by a court can be reviewed :

Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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76.

A judgment passed by a court can be reviewed :

A: by the court passing the judgment

B: by the court of District Judge

C: by the High Court

D: All of the above.

The answer is: A

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Explanation

The correct option is A: by the court passing the judgment.

This is because the right to review of a judgment is one of the two exceptions of a Latin term ‘Functus Officio’ which means, once the court lawfully hears all the contentions made by both the parties to a suit and delivers the final judgment, then after such deliverance, the case cannot be open for further hearing and the verdict is binding on both the parties. The right of review of a judgment is given under Section 114 and Order 47 of the Civil Procedure Code, 1908. The application for review can only be filed before an appeal is made to the higher court and only to the court which passed the decree or made the order. The grounds for review are limited and specified in Order 47, Rule 1 of the Civil Procedure Code, 1908.