Limitation
A.Mohamed Thaheer
(Querist) 20 April 2009
This query is : Resolved
Under what provision of the limitation act, we can seek condonation of delay in filing review petition in the high court against the order of the same high court. what is the normal period of time allowed for making the review petition in the same high court
Let me have a citation of case law by supreme court of india.
N.K.Assumi
(Expert) 20 April 2009
See Article 124 of the 3rd Division Applications of the Limitation Act, 1963.
Refer the case of State of Gujarat Vs Sardar Begum AIR 1976 SC 1695.
Tribhuwan Pandey
(Expert) 20 April 2009
Limitation for filing review petition in the High Court is 30 days from the date of judgment.
And an application for condonation of delay lies u/s 5 of the Limitation Act.
N.K.Assumi
(Expert) 20 April 2009
In the above mentioned case the Supreme Court held that the High Court can correct its own mistake suo motu in the exercise of imherent Jurisdiction even after the expiry of the period of limitation prescribed for a review application.