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Devrishi Vijan (--)     06 January 2011

@@@@REstore Hearing

A and B have a dispute. A files a case before high court against B and gets an order in his favour.


B appeals before Division Bench against the order. B gets the interim relief in his favour.

 

Now during the final hearing, B's counsel absents due to bad health and the Division without granting another date or sometime for B's advocate to prepare the case in the absence of counsel gives an order in the favour of A.

A had hired a senior counsel and B's advocate was only a book worm so could argue.

Is there any relief to restore the case before the same bench for re-hearing without approaching the Supreme court? The CJ is lenient.



 7 Replies

M.Kumar, Madurai (Advocate,)     07 January 2011

File review appln.-But be cautious there is no appeal after review.

2 Like

unique horn (self)     07 January 2011

Can file review or SLP in supreme court.

2 Like

Devrishi Vijan (--)     07 January 2011

Thanks for your replies. Mr. Kumar, is the review to be filed before the High Court because the higest appeal is division bench in this high court. What is the procedure for review and before whom will it be heard:before the same Single Bench Judge, Before the same Division Bench or some other Division Bench?

1 Like

unique horn (self)     07 January 2011

Review will by done by the same Division bench of high court.

2 Like

Devrishi Vijan (--)     07 January 2011

Thanks for your reply. Sir, please let me know about the procedure as it is a matter of urgency.

Devrishi Vijan (--)     08 January 2011

Thanks for your reply. Sir, please let me know about the procedure as it is a matter of urgency. Please also let me know in how much time can be the review be filed for?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     08 January 2011

Review is maintainable only when mistakes on face of record , so do not feel you wll get some thing  out of it.


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