Civil Procedure Code (CPC)

Remedy of review after appeal

This query is : Resolved 

Guest (Querist)
10 October 2011

it is settled and book law that when an appeal has been preferred no review lies but if the petitioner discovers some new material after disposal of appeal, is it covered by order 47 rule 1.
What to do in such a circumstances, while the new fact discovered is enough to swerve the case completely?

kuldeep kumarOnline (Expert)
10 October 2011

yes additional evidence can be taken by appellate court under order is in power of appellate if overlooked by lower courts

Ravikant Soni (Expert)
10 October 2011

Try to writ proceedings/ SLPs.

11 October 2011

Dear, You can file Second appeal subject to permit of law , otherwise you can file revision or SLP or SCA.

Govind (Expert)
11 October 2011

You can file Second appeal subject to permission to adduce additional evidence otherwise writ/SLP

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