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impugne order

(Querist) 25 October 2008 This query is : Resolved 
if any review is filed is the original order is called impugned in the petition or it will be used in appeal, what is review process i mean vakalatnama is again to be filed or any court fee
ARVIND JAIN (Expert) 25 October 2008
review is filed with the same judge so no fresh vakalatnama is required.order under challenge is imugned orger otherwise an order.
Murali Krishna (Expert) 25 October 2008
A review can be filed against any order on the grounds of:
i) Error apparent on the face of the record;
ii) Evidence which could not be produced even after exercising due diligence but available to the party only after the delivery oft he judgement;

iii) any other sufficient cause.

Review is different from appeal. Review has to be filed before the same court, and in almost all the cases before the same judge. Appeal always in a higher forum.

Normally, the same advocate files a review, unless there is a change in the advocate. In such cases, there is no need to file a fresh vakaltnama.

kumar sachin (Expert) 26 October 2008
no fresh vakalatnama required in filing a review coz it is filed in the original suit itself before the same court.
K.C.Suresh (Expert) 26 October 2008
No fresh vakkalath is required
Adv.Shine Thomas (Expert) 26 October 2008
Review is a judicial re-examination of the case by the same judge in certain circumstances.But if that judge is not available,it will be heard by another judge or his successor in office.Sec.114 of the CPC gives a substantive right of review in certain circumstances and order 47 provides the procedure thereof.An application for review should be in the form of a memorandum of appeal.


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