Limitation period
RAHUL AGGARWAL
(Querist) 31 August 2011
This query is : Resolved
Dear sir,
Can now in 2011 a writ /LPA be filed in High court on the basis of documents related to service matter which was dismissed in 2005 by hon,ble court as other party misrepresentated the facts thus gets favourable order by playing fraud with the court.Now i hv received documents under rti act to prove my case beyond doubt.
I understand in writ limitation does not put any bar provided there are documents to prove the delay.I can plead that i hv received documents only in 2010/2011 so belted writ should be allowed.
Please advise.
Tks
Rahul aggarwal
ajay sethi
(Expert) 31 August 2011
you can file a review petition poitning out the fraud played on court
Section 151, CPC reads as --
Nothing in this code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
In , Chengalvaraya Naidu by LRs. v. Jagannath by L.Rs. and Ors., the Apex Court held that the Courts of law are meant for imparting justice between the parties. One who comes to Court must come to the Court with clean hands. It is the settled preposition of law that a judgment or decree obtained by playing fraud in the Court is a nullity and non est in the eye of law.
Devajyoti Barman
(Expert) 31 August 2011
You can alternatively file another writ petition or file a Letters Patent Appeal in the same High Court.
Raj Kumar Makkad
(Expert) 01 September 2011
It is better to file Writ instead of trying for civil suit.
prabhakar singh
(Expert) 01 September 2011
all experts have rightly opined,you have writ remedy advised.
girish shringi
(Expert) 01 September 2011
I do agree with the experts.
Sudhir Kumar, Advocate
(Expert) 08 October 2013
connect
http://www.lawyersclubindia.com/forum/details.asp?mod_id=89996&offset=1
