Can a review petition cite case laws
Raman Paul
(Querist) 31 May 2013
This query is : Resolved
I am a law student. My father had filed an eviction petition and lost on the ground that there was no documentary evidence in support of our bona fide need (although the testimony of the PWs did satisfactorily establish the same in my view). We had furnished the necessary documents but the lawyer forgot to produce them. Thereafter an appeal was also filed from our side. This time a different lawyer was hired by us who committed the same error. Now my father wants to file a revision petition. My father intends to retain the same lawyer for reasons best known to him. I have completed all the research work on this and provided it to the lawyer.
I have two questions before the eminent panel:
1. The lawyer is dead against including the documents as Annexure to the review petition. He says that this is not the procedure and he can only produce them in the course of argument. I severely disbelieve what he is saying as as per my understanding this is the last stage where any new evidence can be brought. Is he correct?
2. He is also against using any of the case laws. He agrees that all of them are useful for our case and claims he is already aware of them and has more of them. In his attempt to satisfy me, he got me some very irrelevant case laws and some that go against what we want to say. Is he correct that case laws cannot be added to the grounds of the review petition? I have interned under a High Court advocate in Delhi and my experience suggests otherwise. I believe this is just to avoid reading up the material I have provided him with.
ajay sethi
(Expert) 31 May 2013
you need not cite case laws in revision petition . it can be cited during arguments .
you ought to have produced all supporting documents in your eviction suit . yyour suit has been dismissed and in appeal also court ahs affirmed order of trial court . at this stage it is too late in day to produce additional documents as they are not the subject matter of record .
R.K Nanda
(Expert) 31 May 2013
citations be given at arguments stage.
