Assess the importance and effects of review. Distinguish it from reference.

Question: Assess the importance and effects of review. Distinguish it from reference.

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Answer

Importance of review

Importance of review is that it provides an opportunity for the court to reconsider or to re-examine its own judgment. The other importance of review is that it provides the opportunity to present new and important matters of evidence before the Court. The review also provides the opportunity to correct the mistake and error made by the court in giving the judgment.

This review provides an opportunity to the Court and parties to the suit for correcting the judgment and giving the new and important matters of evidence that were not in existence at the hearing of the case.

If the power of review had not been provided to the Court then it would be prejudice in the interest of parties of the suit. Because presiding officer of the court is a human being and human mind may cause mistakes in giving judgment. Such mistakes or errors may be corrected by review. So the power of review is the most important weapon in the hands of the court to correct the mistake and error caused in giving the judgment.

Effect of review

Effect of review is that if the judgment is revised by the court in the exercise of the power of review, then revised judgment will be effective and the previous judgment will be a nullity.

Thus review has effect only in case of change in judgment. If the judgment is not changed by the court in review, then it will have no effect. In these circumstances, the previous judgment will be effective and can be enforced against the judgment-debtor.

Distinction between reference and review

Reference	Review
1. In matters of reference, the case is referred by the subordinate court to the High Court.	1. In review the aggrieved person makes an application.
2. The High Court alone is competent to decide on matters of reference.	2. An application for review, on the other hand, is to be made to the court which passed the decree or made the decision.
3. A reference is made when a suit, appeal, or execution proceeding is pending to enable the court to arrive at the right conclusion.	3. An application for review, on the other hand, is made to the court subsequent to its having passed the decree or having made the order.
4. The grounds for reference and review are not the same. A reference can only be made when a judge entertains a reasonable doubt on a question of law or usage having the force of law.	4. An application for review of a judgment may be made on any of the following grounds: Discovery of new and important matter or evidence; or Mistake or error apparent on the face of the record; or Any other sufficient reason.

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