Civil Review Can Be Entertained Despite Delay if There is a Patent Illegality or Miscarriage of Justice The courts have consistently recognized that delays in filing review petitions can be condoned if sufficient cause is shown, especially when the review involves correcting patent illegality or preventing miscarriage of justice. For instance, the delay is condoned when the reasons are reasonable, and the application is filed in the interest of justice ["2023 0 Supreme(All) 1438"], ["OM PRAKASH MANDAL vs SADANAND THAKUR - Jharkhand"], ["2017 0 Supreme(Jhk) 1461"]. The fundamental principle is that even the law bends before justice, emphasizing the flexibility courts exercise to ensure fairness ["2025 Supreme(Online)(Ker) 57717"].Analysis and Conclusion: Courts are willing to entertain civil review petitions after delays if they identify patent illegality or grave errors that could lead to miscarriage of justice. This is supported by judicial pronouncements that exceptions are carved out to correct such errors, despite the general finality principle in legal decisions ["2025 Supreme(Online)(Ker) 57717"], ["2002 0 Supreme(Jhk) 1085"].
Main Points and Insights
- Review is not an appeal but a mechanism to correct patent errors or grave errors that undermine the order’s soundness ["2025 Supreme(Online)(Ker) 57717"], ["2026 Supreme(Online)(P&H) 331"], ["OM PRAKASH MANDAL vs SADANAND THAKUR - Jharkhand"].
- Delay in filing review petitions can be condoned if sufficient cause is demonstrated, especially when justice demands correction of a patent illegality or miscarriage of justice ["2023 0 Supreme(All) 1438"], ["OM PRAKASH MANDAL vs SADANAND THAKUR - Jharkhand"].
- Once a review petition is dismissed, no further review can generally be entertained, underscoring the importance of the initial grounds for review ["2026 Supreme(Online)(P&H) 331"], ["OM PRAKASH MANDAL vs SADANAND THAKUR - Jharkhand"].
- Courts have historically recognized their power to rectify errors even in the absence of statutory provisions, to prevent abuse of process or miscarriage of justice ["2025 Supreme(Online)(Ker) 57717"], ["2002 0 Supreme(Jhk) 1085"], ["2012 Supreme(Online)(DEL) 2853"].
The concept that law bends before justice reflects the judiciary’s willingness to overlook procedural technicalities to uphold substantive justice ["2025 Supreme(Online)(Ker) 57717"].
Analysis and Conclusion The overarching judicial stance is that civil review proceedings are justified and can be entertained after delays if they reveal patent illegality or errors that significantly impact the integrity of the order. Courts emphasize that such review is an exception aimed at preventing miscarriage of justice, rather than a mere re-evaluation of facts, and they are prepared to condone delays when justified by these considerations ["2023 0 Supreme(All) 867"], ["OM PRAKASH MANDAL vs SADANAND THAKUR - Jharkhand"]. In summary, even after a delay, civil review petitions are entertainable if they demonstrate patent illegality or a miscarriage of justice, aligning with the courts' broader discretionary power to ensure fairness and correctness in judicial decisions.