Civil Procedure Code (CPC)

Re applying for justice in civil court after sc judgement


We lost a property lititation case we did not do our due diligence in finding out the facts and submitting to the court. After the SC order we got the know about the falisifications. At this juncture can teh plaintiff (who is claiming her late father's self acquired property) re-file a new case that we were not satisfied with the SC judgement and the case has to be revisited ? will such case be maintenable in law ? 

 
Reply   
 
Lawyer at Supreme Court of India

Sir, 

 

You can go for review of the order. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

https://kapilchandnaadvocate.wordpress.com/

 
Reply   
 



Sir it has been told the chances of Review petition getting accepted is hardly one percent. its like hoping over no hope.. so I was looking for the next option. 

 
Reply   
 
Lawyer, Scholar

Hi Kapil. One can file a Review for an error apparent on the face of the record  ... i.e. an error made by Court contrary to what is clearly suggested on "face of the record" ... not an error that arises because a fact was not brought on record before the Court!

Prasad, if your litigation has already been put to rest by Supreme Court, I think I can safely presume that it has already been tested twice, more likely, even thrice. You cannot file a fresh case simply because you are "not satisfied" with the Supreme Court. Even if you are able to show new facts not placed on record before, the chances are very very very infinitesimally low that the Courts will permit you to reagitate the case afresh; res judicata: same dispute, between the same parties on the same subject matter: no, Sorry.

Even if you had a one in a hundred chance of reopening the matter, the first overwhelming question that'll face you is, could you have known the fact (that you now seek to raise afresh) with due care and caution when the dispute first arose? As you say, the gap is in your lack of due diligence and the law does not readily assist a party who does not exercise due care of his claims, or else the whole law of limitation (which is much less than raising new facts) would be rendered a farce, 


Total likes : 1 times

 
Reply   
 

Atul Sir, 

The entire case is based on two deeds made on stamp paper dated 50 yrs ago which is not registered says that the property is settled to two sons. 

One of the deeds was marked twice in the civil court as partition deed once and later once as Copy of partition deed. (however when checked the first one is also copy and not original) . During judgement in Sessions and HC it was said both documents are same and judgmeent was given. 

When we checked the court repository yesterday we got to know that the original was never submitted. (high likely it was lost based on the the words given by one defendent that it was not found and now we found (but it was only copy)) 

The defendents mis lead the entire case on the faradulent paper. 

 
Reply   
 
Advocate

If the documentary evidence, which goes to the root of the case was fradulently concealed from the original court right up to the apex court, and obtained judgment against you, there is something seriously wroung in your case.You can ask the Supreme Court to re open your case certified by five senior advocates for re-opening the case.

 
Reply   
 

Originally posted by : N.K.Assumi
.You can ask the Supreme Court to re open your case certified by five senior advocates for re-opening the case.

Sir, 

What is that kind of reopening of case called ? 

 
Reply   
 
Advocate

you can file review petition in SC but chances are very remote.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x