Query about review petition
Aman Modi
(Querist) 27 August 2013
This query is : Resolved
Respected Sir,
I am one of the law student in Christ University,Bangalore.It would be my pleasure if you advise me on one civil matter.
My father bought one House in auction In Jaipur(Raj). Actually that property was not mortgaged in bank,due to insuffeciency for getting all the money given to one,bank seized that house of him by taking govt.'s permission and auctioned it.And we buyed it in an open auction.
But suddenly the residing neighbour claimed that, house had been purchased by him. there is a agreement but it lacks the stamp duty.
Accordingly he got stay orders from High Court of Rajasthan.
case was pending from 2004. and now from god's blessing it finally came to end in feb13
then he filed slp in sc which was being dismissed
and now he had again filed one review petition in high court of rajasthan.
we got the possession of that property in june13.
Sir, i just wanted to know is anything to worry now?
what can he do now
Please let me know your opinion.
Thank You
Raj Kumar Makkad
(Expert) 27 August 2013
There is no possibility of the reversal of the judgment passed by Hon'b;e High Court and when SLP has already been dismissed by Hon'b;e Supreme Court of India, the review petition is not maintainable.
Nadeem Qureshi
(Expert) 27 August 2013
review petition is not maintainable, he can file review petition before sc & not before hc
Sudhir Kumar, Advocate
(Expert) 28 August 2013
fisrt of all you do not have full facts. Indian father's feel ego hurt if son knows details of deal on property (particularly if these are unwise deals)
Sudhir Kumar, Advocate
(Expert) 28 August 2013
secondly the facts of your case are so deep that neither you can explain them on ope forum nor can anyone understand without seeing papers.
Aman Modi
(Querist) 29 August 2013
Thank you very much for your advise
Raj Sir
Nadeem Sir
Sudhir Sir
@ Raj Sir, Nadeem Sir,
You said that after dismissal of SLP from Hon'ble Supreme Court of India, one cannot file a review petition in High Court. But sir dismissal of SLP was without any reason.
I have read it somewhere that if SC gives reason for dismissal then doctrine of merger applies,i.e. decision is binding on lower courts and one cannot file for review.
In our case there was no reason given.
Order was "DISMISSED"
in that case it could be filed...as what I read..but I am not sure.
You know more. You are more experienced.
But he had filed a Civil Review Petiton in Hon'ble High Court of Rajasthan,and if we open up that case on online database....there comes one point as "STAGE" in which its written over there as "FOR ORDERS-DEFCET"
Does this mean something related to dismissal or not accepting the case.
Please help me with the same.
I think our respectable advocate is trying to fraud us.
He told us that plantiff can file for review, we will have to reply this and he got signature of my father on VAKALATNAMA.
In short, he wants the fees.
So is the case valid?
Please advice me.
Thank You !
Sudhir Kumar, Advocate
(Expert) 31 August 2013
facts of the case seem to be too elaborate to be explained here. Meet advocate with papers.
