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Kaushik   02 March 2017

Reopen law suit

Dear Experts,

Can a law suit against medical negligence resulting in death be reopened in the same or higher court after the original case has been dismissed by a state consumer forum due to lack of adequate evidence  if fresh evidence confirming the allegations of negligence, fraud, & extortion against the doctor or medical establishment concerned is discovered later, & if so, has any time limit then been prescribed for filing an appeal to reopen the case from the date of dismissal of the original suit?




 3 Replies


  First Appeal as provided under Section 19 of the Consumer Protection Act, 1986-Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 17 may prefer an appeal against such order before this Commission within a period  of  thirty days from the date of receipt of the order on all working days (Monday to Friday) between 10:00 A.M. to 4:30 P.M. at Ground Floor, ‘Upbhokta Nyay Bhawan’, ‘F’ Block,  General Pool Office Complex, INA, New Delhi - 110 023.  First Appeal must be supported by a Notarised attested affidavit with 1+3 sets + Number of Opposite Parties (with File cover).  The First Appeal along with all the copies should be paginated and duly indexed in the following seriatim:- 
1.  Index 
2.  List of Dates 
3.  Memo of Parties (with fresh complete addresses & telephone no.) 
4.  Appeal with Notarised attested affidavit 
5.  Stay Application, or any other application if any, with Notarised attested affidavit 
6.  Application for condonation of delay with Notarised attested affidavit, if beyond limitation. (Within 30 days of receipt of 
7.  Certified copy of order of State Commission 
8.  Copy of Complaint, Pleadings,Evidence, Reply & Rejoinder filed in State Commission and other documents relied on 
     by both parties.(All the Annexures must be attested as True Copy on the last page with name & signature) 
9.  Statuary Deposits as per Section 19 of the Consumer Protection Act, 1986 in the form of Demand Draft (in favour of 
     “The Registrar, NCDRC, New Delhi”)

Note :

1.  The documents shall be filed in English language only or translated copy of any other language, duly typed in double

     space on one side of the paper. If any supporting documents are not legible the same will not be accepted until clear

     legible/photo copies are filed.

2.  If the documents are not filed as per in the format mentioned above the same will be returned to the parties at the

     counter itself without acknowledgement and will only be registered after removing the defects

3.  After the issue of notice, any documents in a case, the same has to be served on the other side and 1+3 sets be filed

     with proof of service. No document will be accepted unless filed two days (working days) in advance from the date of


4.  Henceforth, the review petition/application for recalling of order will be listed before the bench by way of circulation in


5.  The counsel or the parties appearing in person are filing a common petition / appeal against common order passed by

     the State Commission in a bunch of appeals / complaints. It causes inconvenience to the Hon’ble Benches to decide

     the independent issues pertaining to each matter, such as award of different amounts to different parties, etc. Hence,

     the Hon’ble President is pleased to direct the parties / Counsel to file independent or separate appeals/revision

     petitions, against each appeal/complaint decided by the State Commission in the common order.

6.  No. of copies to be filed in the Commission 1+3 sets + Number of Opposite Parties (with File cover). 

7.  Caveat Application filed in the Commission in Revision Petition and First Appeal has to be filed in 1+3 sets along

     with proof of service on Opposite Parties and also copy of order of the State Commission.

8.  Application for Certified copy of order must be made on Letter Head with signature & Rubber stamp by counsel with

      a statement that first free certified copy has not been received either by the party-in-person or their counsel.

9.  Duplicate certified copy shall be issued on payment basis as per Regulation with a clear endorsement that earlier first

     free certified copy was sent by post at the address of the party-in-person or to their Counsel/Authorized Representative.

G.L.N. Prasad (Retired employee.)     02 March 2017

In the event of finding fresh evidence, a sincere attempt can be made for filing of RP before NCDRC praying to condone the delay.  The rule of limitation can be exempted in case of genuine cases.

H.M.Patnaik (Proprietor)     02 March 2017

Experts have given exhaustive guidance at above which may be followed. The delay condonation petition must state justifiable grounds for acceptance of the petition for hearing.

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