Upgrad LLM

reopening a case


Is it possible to reopen a case in high court division bench due to new document evidence found after high court division bench judgement ?

 
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Lawyer

It depends upon certain circumstances such as whether the DB considered the issue in LPA or appeal or any other type of case.

Generally it would not be considered after delivery of judgment.

However, the Court (same bench- if available) may consider u/o XLVII Rule 1 CPC (review) when some new facts / law was found, which could not be submitted/ considered by the Court, despite due diligence of petitioner.

 
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Thank you Sir. Can I go for revision, if one judge from the Division bench has retired ? 

Incase, if the revision is rejected. Can I go and file SLP and refer the new document evidence submitted in High court?

Can you share any reference judgement for revision which can be used ?. Thank you

 

 
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Advocate

You have not posted material facts.

 
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My grandfather purchased a land in 1910 with a sale deed. In 1926, his brother kept mortgage stating that the land belongs to him, which my grandfather paid the mortgage and got the land back. Now hiers of grandfather brother went to division bench and got a judgement in favour of them based on the mortgage document and stating land was purchased together. Now we got a partition document stating the land belongs to my grandfather. Can you please tell me, how can I proceed the case, should I go for revision ?

 
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Advocate

The facts posted inadequate to give any meaningful suggestion.

 
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Not it is not a chance of the of reiview under the rule 

 
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