Limitation

monjula sooresh (Querist) 10 September 2012 This query is : Resolved
I have filed a review petition u/s114 CPC on the grounds of S44 Evidence Act viz. fraud, collusion of judge with plaintiff and incompetence of court i.e. no jurisdiction. The question is:
1. is it maintainable as a separate Miscellaneous case in the same court or does it necessarily have to be filed in the same case in which the order has been passed?
2. since petitions under s44 alleging fraud, collusion are unfettered by limitation, can the court reject the Misc review petition on the grounds that review has to be filed within 30 days of the judgement u/s 124 of Limitation Act?
3. if the sole document relied - a so-called sale deed - on by the plaintiff has not been specifically admitted, endorsed and exhibited by the Court, is an order based on that doc sustainable?

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Kiran Kumar (Expert) 10 September 2012
What exactly is the matter?

if the decree has been passed then you could have approached the Appellate Court and point of fraud/ collusion could have been agitated there.

monjula sooresh (Querist) 14 September 2012
I'd be grateful for specific answers to the Queries raised by me seriatim. Thank you

prabhakar singh (Expert) 14 September 2012
1)YES
2)YES.30 DAYS
3)DEPENDS.MAY OR MAY NOT BE.

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