v.lakshminarayanan (prop) 29 December 2009

review and its scope

dear members

this pertains to queries on review under order 47, rule 1 of CPC.

my queries are:

1. can high court look into new documents and new contentions in a review petition when they were not taken or produced in the earlier proceeding?

2. when a court allows the review petitions and when it specifically says that the earlier petition from which the review arose is not allowed, can it be taken that the earlier order dismissing the petitions still stands good? the high court did not mention that the earlier orders are set aside.

3. can a party file an appeal against the dismissal of the review petition? the CPC says it cannot be done.

3. in such case, can we ask the court to rehear the petitions?

thanks for any advice in advance.

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4 Replies

(Guest)

Sir, answers to your questions serially-

1. Yes, Only when proper reason is given for non-production in earlier proceeding

2. No, in this situation the earlier order do not stand anymore even if it is not mentioned by High Court.

3. No appeal can be filed . Only Writ can be filed.

4.No.

v.lakshminarayanan (prop) 29 December 2009

dear madam

thanks for the reply

by the way, are you practicing in supreme court? if so please reply to me privately to lakshminarayanan_v@yahoo.com

thanks

yours

v.lakshminarayanan palani

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 30 December 2009

I do agree with Pallavi.

v.lakshminarayanan (prop) 30 December 2009

dear advocates

thanks for enlightening me.n our case, the sentence "the earlier revision is also allowed" has been specifically struck out by the judge herself while delivering the operative portion of the judgement.

in the certified copy also, the sentence is struck out.

i would like to know, even then, can we assume that the earlier petition was allowed by the court?