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Pvt_RajKing (Private)     26 March 2014

Review and then appeal

Hello,

I have an Order from a trial court against my interest.. There is some major mistake done by the judge and thus I am suggesting my lawyer to file a review (in the same court under S.114 of CPC) .  I have the following questions:

1. After the Review, can I still file an Appeal with the District Court?

2. How will the time computed for the purpose of admitting the Appeal? i.e will it be from the date of the order of Review or the original Order?

My lawyer is not clear and thus looking for some quick help.

Thanks
 



Learning

 5 Replies

surjit singh (Assistant)     28 March 2014

Filing of review petition is to be done within 30 days, but for filing a review petition you should have ground for review, like some facts which has not been considered at the time of passing the order/judgemnet.

So far filing of Appeal is concerned when you file a review petition the period of 30/60/90 which ever is applicable will run from the date of passing of the order in your proposed review petition. The limitation will run from the date of final order in your review petiiton.

Pvt_RajKing (Private)     28 March 2014

Thanks Surjit ji... That makes logical sense as well..

Thanks again!

Pvt_RajKing (Private)     28 March 2014

Thanks Surjit ji... That makes logical sense as well..

Thanks again!

Pvt_RajKing (Private)     28 March 2014

Thanks Surjit ji... That makes logical sense as well..

Thanks again!

T. Kalaiselvan, Advocate (Advocate)     30 March 2014

I agree with Mr. Surjit singh's views on the issue, nothing more to add.


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