Addition of ground to review application

This query is : Resolved 
 

(Querist)
20 September 2019

Dear Experts,

I have filed Review Application to Co-operative Appellate, Mumbai. With an intention to keep delay for filing minimal days, I filed it in hurry and inadvertently one ground is remain to mention in application. The hearing is not started yet. I made another application, mentioning said reason, to take said ground on record which has remained earlier u/S-151, 153 and O-41, R-33 CPC.

My Query:

(a) Whether Court is lieable and has to take said additional ground on record or it can reject as well?

(b) Is there any other provision under which Court can take additional ground to Review Application on record?

(c) Can any one please provide supporting Citations?

Thanking all in anticipation.

A.K. Jain.


R.K Nanda (Expert)
Click to Talk
20 September 2019

a.discretion is with court.

b.no

c.citations not supplied.

Dr J C Vashista (Expert)
24 September 2019

Vague information could not form an opinion and oblige.

Dr J C Vashista (Expert)
24 September 2019

What is the issue?
Whose order is sought to be reviewed, what are the grounds for review, why and how much is delay?
Are you sure about applicability of the provisions of Section 153 (Genreal Powers to amend) and order LXIII (Appeals from original decree) rule 33 CPC (Power of Court of appeal) in your case and maintainability of application?
Where did you move review application (Order XLVII Rule 1 CPC) i.e., before Cooperative Apellatte Tribunal or Court or some other authority?

Dr J C Vashista (Expert)
24 September 2019

It is advisable to consult a local prudent/senior lawyer for better appreciation of facts and circumstances, guidance and proceeding as required in your case.



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