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Vinod (self)     08 February 2011

Diff Stages in a trial:review vs main divorce suit?

What are the stages in a trial/cycle of proceedings in ''review'? Are these different than cycle/stages generally followed in main case in a Family Court/Civil suit?

 

In review, does a applicant have to file examination in chief affidavit? Can a Judge ask for such thing? even my lawyer got confused in front of judge Or Even judge handling a review case for the first time!!!

 

I was told that review petition gets over in two hearings flat.

 

First hearing:-       file review and documentary evidence and show mistakes in order

Second Hearing:-       response by other party, arguments and judgement

 

My lawyer had made huge claims to me that he would read the response there itself and right there, on the spot, argue the matter and also make other lawyer to make argue AND it's done!

 

But on second hearing date :-      Judge asked about examination in chief to my lawyer and then suddenly my lawyer asked time to read the response in detail and took the next date!!!!

 

Don't mind but...

Who's gone wrong........Judge or my lawyer ...or BOTH!! Probably both are handling the review case first time!!

 



Learning

 2 Replies

Vinod (self)     08 February 2011

my this lawyer is the new lawyer (I changed my lawyer)

 

I have already gone through rejection of review earlier at the time it was being admitted/filed(with earlier lawyer)

 

I can not follow up my case regularly as I stay far away from that place.

 

I went all the way by making travel plans to go there with hopes that my lawyer would win the battle that day, But now I am getting exhausted.

 

With my little knowledge by now and from my colleague's opinion, examination in chief is the testimony of a witness. And it is not applicable to review applications.

 

Vinod (self)     09 February 2011

In 'review petition' proceedings, does a applicant have to file examination in chief affidavit? Can a Judge ask for such thing?

 


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