Time limit to file review application.
surjit singh
(Querist) 04 March 2013
This query is : Resolved
what is the time limit to file review application against judgement made in writ petition under article 226 of constitution.
R.K Nanda
(Expert) 04 March 2013
30 days from date of order.
prabhakar singh
(Expert) 04 March 2013
30 days from date of order is correct reply.
Rajeev Kumar
(Expert) 04 March 2013
Same reply as above. Though condonation for delay can be filed with the logical subjected to the satisfaction of court.
surjit singh
(Querist) 16 March 2013
I appreciate the expert opinions. This is a judgement in writ petition passed by the High Court, (the writ petition was filed against the judgement of CAT) the 30 days time is under CPC, my question is whether the provisions of CPC will be applicable here also.
prabhakar singh
(Expert) 16 March 2013
Generally HIGH COURTS HAVE THEIR OWN RULES OF PROCEDURE ,YET THEY APPLY CPC WHEN RULES
ARE SILENT.
However 30 DAYS TIME TOLD TO YOU IS GOVERNED BY THE LIMITATION ACT 1963 AND THE ACT APPLIES TO ALL COURTS EXCEPT SUPREME COURT.
prabhakar singh
(Expert) 16 March 2013
Article 124 OF LIMITATION ACT.
For a review of judgment by a court other than the Supreme Court.
Thirty days
The date of the decree or order.
R.K Nanda
(Expert) 16 March 2013
LA apply to writ petitions also.
Raj Kumar Makkad
(Expert) 16 March 2013
Civil Procedure Code as well Law of limitation do apply even to High Courts.
surjit singh
(Querist) 08 May 2013
What about the limitation in filing a review petition against judgement in a Writ Appeal, whether the same provision apply.
prabhakar singh
(Expert) 08 May 2013
Writs are special prerogative of High Courts
and the Supreme Court that flows from the Constitution.
Hence they are amenable to their own, based on principles of equity,justice and good conscience for which by and large they follow adjective legislations too.
