An International Guide to
Patent Case Management for Judges

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6.9.2 Review against civil court orders

Even in civil suits dealing with infringement, review applications may be preferred by parties when the condition for filing a review under Section 114 of the Code of Civil Procedure is fulfilled238. Section 114 of the Code provides as under:

Subject as aforesaid, any person considering himself aggrieved—

  1. (a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.
  2. (b) by a decree or order from which no appeal is allowed by this Code, or
  3. (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.