Condonation of delay in filing review petition
Rastogi
(Querist) 14 February 2015
This query is : Resolved
will the HC condone 30 days in filing the reveiw petition and entertain the same?
Can we take a chance by filing the review petition which is delayed by 30 days.
prabhakar singh
(Expert) 14 February 2015
If you have good reasons to explain why delay was caused, you must take a chance.
Advocate Bhartesh goyal
(Expert) 14 February 2015
You have to explain sufficient reason due to that you could not file petition in time.
ajay sethi
(Expert) 14 February 2015
even if court condones delay chances of success in review petition are bleak . why you want to file review petition ? state detailed facts
Devajyoti Barman
(Expert) 14 February 2015
section 5 limitation act petition lies in condonation of delay petition.
Rajendra K Goyal
(Expert) 14 February 2015
If court satisfied with the reasons of delay it may allow.
R.K Nanda
(Expert) 15 February 2015
u can take chance as it is worth taking.
Rastogi
(Querist) 15 February 2015
Hi Ajay
The suit has been remanded back to first appellate for considering additional evidence. We want to challenge this order.
prabhakar singh
(Expert) 15 February 2015
I GO BY OPINION OF Mr. ajay sethi because
in 99.5% of cases delays are condoned BUT
REVIEWS are REJECTED in 99.9% of cases.
The reason is embedded in human nature.
Rastogi
(Querist) 15 February 2015
the case has been running for more than 25 years. Now The other party wants to produce additional evidence which was rejected by the First appellate
Do we have any case law which helps in this regard.
Facts of the case.
The Appellant in the first appeal filed IA to produce additional evidence. The same was rejected by the First appellant court and dismissed the appeal. High court allowed the appeal for non consideration of material evidence and remanded the case back to First appeal.
we are planning to file a review petition for High court order.
The question of law for non consideration of material evidence was formed only during the final argument stage without assigning the sufficient reason why this question of law was not framed during the admission.
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
You may file the delay condone petition as well as the review petition, try you luck in the review because the grounds stated by you appears to be genuine and the court may consider the same if presented properly during argument in the review application.
