Grounds for review

Guest (Querist) 06 October 2011 This query is : Resolved
if some grounds are left without adjudication by court, Can we ask to adjudicate them in a review application, treating it as an error on the face of record?

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ajay sethi (Expert) 06 October 2011
generally if before court number of issues are raised and court can give a categorical finding on some issues they need not decide all issues . it is not error apparent on face of record .

prabhakar singh (Expert) 06 October 2011
YOU CAN AS ANY ONE BUT THEY WILL NOT CALL IT AN ERROR APPARENT ON THE FACE OF RECORD. OTHERWISE ALSO WHERE AN ERROR APPARENT ON THE FACE OF RECORD IS REALLY FOUND ,THEY IGNORE.I MEAN SUCCESS PERCENTILE OF REVIEW IS ALMOST ZERO HENCE NOT WORTH TO BE EXERCISED FORE GOING A RIGHT OF APPEAL WHERE REAPPRAISAL OF EVIDENCE IS POSSIBLE.

Shastri J.K. (Expert) 07 October 2011
I agree with Expert.

Guest (Expert) 08 October 2011
I agree with Shri Probahakar Singh.

Guest (Querist) 08 October 2011
so we can file a new petition raising the omitted issues?
is it not binding to decide each issue raising independent question of law?
what is the logic behind inacting provision of review if it's success rate is zero?
what to do if the evidence was not valued at all?
an appeal court would also suggest that we should prefer a review rather than appeal coz appeal is against the question decided wrongly not against the undecided one?
wt about section 11 cpc?

ajay sethi (Expert) 08 October 2011
file an appeal as court has failed to give a decision on material issues .

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