reappeal
kamaljeet
(Querist) 16 October 2009
This query is : Resolved
can one go for reappeal in the same court.
if the reappeal is heard and one is not satisfied. can he go to doublebench.
Kiran Kumar
(Expert) 16 October 2009
kamal pls clarify the facts of your case.
generally the procedure is the same court can not hear the same matter again.
however in case of writs there is a provision of Leave Petition Application which is heard by DB against a decision of single bench.
but for civil procedure there is no such provision in my opinion.
pls mention your facts.
Legal Eagle
(Expert) 16 October 2009
Mr. Kamaljeet, there is no way anyone can appeal before the same court.An appeal is always before a division bench or some higher court.
I agree with what Mr. Kumar has said.
H. S. Thukral
(Expert) 16 October 2009
You mean by Re-Appeal that praying the same court for revision of its earlier order? If the statue does not provide the court power to revise its own order no 'Re-appeal' can lie.
niranjan
(Expert) 16 October 2009
Reappeal is not known word, either it can be review or second appeal. Review can be made under O.47 in the same court provided ingrediants of the order are satisfied
J K Agrawal
(Expert) 16 October 2009
first appeal, second appeal, review or revision is possible only if provided by any law. One has an inherent right to seek justice and he can file an action for that (Ubi jus ibi remedium est) but he has no such natural right to file an appeal. Right of Appeal is not a natural right. This facility is provided by law only. If no law is there, you have no right to chellange an adjudication.
In some cases right to second appeal is provided by law. it depends upon your case.
joyce
(Expert) 16 October 2009
I obiviously agree with J.K.Agrawal.
yogesh
(Expert) 17 October 2009
reappeal is not defined in cpc/crpc Its first and second appeal which can only be made against the order
Khaleel Ahmed
(Expert) 19 October 2009
Appeal in the same court is not possible, but you can file review petition before the same court to rectify for any bona fide clerical errors.
