judgement on review

ASHUTOSH (Querist) 16 May 2008 This query is : Resolved
i have file a suit for recovery in delhi which was dismissed Exparti by ADJ on the basis of section 34 of Evidence act he say ledger is not sufficent to sue a person. i have not file at that time bills/invoices. now i got and file review on the basis of discovery of bills/invoice pls tell a judgement who support my case iam representing a company and defendant was also company after service of review they are again not coming

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Prakash Yedhula (Expert) 16 May 2008
Normally review petition can be filed only if there is an error in the judgment on the face of record. However in your case, you could have filed an appeal along with an application to receive addtional documents. However, your case seems to be on service. If the court feels that you have a case for review then it can even order substituted service as contemplated under Order V Rule 20 CPC

J K Agrawal (Expert) 20 May 2008
Dear mr Ashutosh
Review can be filed when new and important matter or evidence which, after the exercise of due diligence was not within his knowledge. It is not meant to fulfill lacuna. If you have an opportunity you should file an appeal and documents can be produced under order 41 rule 27 CPC. Secondly a suit can be decreed if the account is directly or indirectly admitted by the opposite party or some corroborating evidence is there on record, sufficient to prove transactions. As per law of evidence there is no particular way to prove a perticular fact and as per bankers books evidence act if accounts are kept in day to day basis in set of three fold entries (cash book, ledger and balance sheet)the ledger is certainly admissible and sufficient to prove a fact of transaction.

ASHUTOSH (Querist) 23 May 2008
dear yaduparakash ji & sh. J.K. Agarwal ji sir many 2 thanks for your suggesion iam really thanks to you people sir pls gide me if review is dismissed then also can i go for appeal for produce documents under order 41 rule 27 because the judgement was pass 2 yearsback and still review is not decided or can i chalange the review in high court

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ashutosh