Rehearing or decision through circulation
Querist :
Anonymous
(Querist) 11 October 2010
This query is : Resolved
If any High Court refer the matter to the subordinate court/Tribunal for review its version whether the matter will be reheard from both sides of the parties or decision by the subordinate court will be made by circulation?
If the decision is made on hearing whether the parties will have to give fresh submissions ? or from the records the court will be revise its decision?
Devajyoti Barman
(Expert) 11 October 2010
The order of the high court s the key to your answer. If the high court directs the subordinate court to determine an any particular question and decide accordingly then it will do so. But if the subordinate court is directed to consider the case afresh then it will act accordingly. In any case both the parties will get equal opportunity to represent their respective case.
