Review application maintainable
minsal
(Querist) 04 July 2023
This query is : Resolved
Respected Experts,
I need your valuable guidance in one of my matters. A summary suit was filed against my client, wherein at the time of hearing the summons for judgment, an order for Conditional leave to defend was passed against my client. I have challanged said order by filing a writ petition before the High Court. But recently I found that the plaintiff Co. has suppressed some fact and misrepresented themselves before the Court of law. Under the circumstances, can I file a review application before the City Civil Court? My writ petition is still pending before the High Court.
Please guide me.
T. Kalaiselvan, Advocate
(Expert) 08 August 2023
If the summary suit has been decided and the judgment has been passed, then you cannot add any new thing neither you can reopen the case because it is a contested judgment and not an exparte judgment.
Therefore you can seek the relief only by an appeal and unfortunately there is no provision to prefer an appeal agaisnt the judgment passed in the summary suit for recovery of money