Whether go to reveiw or slp ?
dhiru
(Querist) 09 March 2013
This query is : Resolved
just before the dissmissal in RSA of land case get knowlegde of 37 new very important documents around 300 pages . Advocate was ill on last date, did not reached in court client asked for date, but case dismissed . Now what to do with 37 documents . -- go to review with all documents or to SLP .-- how and where i can produce the documents better.
Nu.Delhi.Law.Fora.
(Expert) 09 March 2013
Dear Querist,
Please study the dismissal order very carefully so as to take better judgment of the situation.
Secondly, for getting a success in the proposed Review, you will need to satify the Review Court as to apparent error on the record of the case leading to passing the judgement/order sought to be reviewed.
Thirdly, for SLP, which appears to be a better bet, because of the positional advantage. Along with challenging the judgement/order sought to be reviewed, you may file application for bringing on records additional facts as well as documents which would ultimately help you sailing through the SLP in the Supreme Court.
Please note that the opinion is here is general. For specific purposes, you will need judge the final Order from a techno-legal analysis and examine the final Order passed in the RSA.
Trust this would suffice.
Rabin Majumder
Advocate-on-Record
Supreme Court of India
Nu.Delhi.Law.Fora.
(Expert) 09 March 2013
Dear Querist,
Please study the dismissal order very carefully so as to take better judgment of the situation.
Secondly, for getting a success in the proposed Review, you will need to satify the Review Court as to apparent error on the record of the case leading to passing the judgement/order sought to be reviewed.
Thirdly, for SLP, which appears to be a better bet, because of the positional advantage. Along with challenging the judgement/order sought to be reviewed, you may file application for bringing on records additional facts as well as documents which would ultimately help you sailing through the SLP in the Supreme Court.
Please note that the opinion is here is general. For specific purposes, you will need judge the final Order from a techno-legal analysis and examine the final Order passed in the RSA.
Trust this would suffice.
Rabin Majumder
Advocate-on-Record
Supreme Court of India
ajay sethi
(Expert) 09 March 2013
necessary to go through the orders passed for dismissal of your case
Raj Kumar Makkad
(Expert) 09 March 2013
I strongly endorse the views of mu.delhi.law.fora
dhiru
(Querist) 09 March 2013
a completely same case difference is just name of petitioner as he is a co-sharer was recently admitted of same land and 37 very important documents not shown ever before till day can be the ground in reveiw .
Raj Kumar Makkad
(Expert) 10 March 2013
A separate application seeking additional evidence under order 41 Rule 27 read with section 151 of CPC can be moved if 37 relevant documents could not be brought on file.
dhiru
(Querist) 10 March 2013
in reveiw only
prabhakar singh
(Expert) 10 March 2013
Dear Nu.Delhi.Law.Fora.!
In my humble submission Apex court is not a court where invoking it's SLP jurisdiction,one can expect to it admit any evidence that was never on record,no matter any number of people join to support your view.
It would always be surprising.
prabhakar singh
(Expert) 10 March 2013
dance dhiru dance it is not injurious to health.
dhiru
(Querist) 11 March 2013
prabhakar ji what this mean ??
