Whether new evidences can be filed in review
dhiru
(Querist) 08 March 2013
This query is : Resolved
whether new evidences in land case against govt can be filed in reveiw in the RSA same court . whether court entertains evidence ?
prabhakar singh
(Expert) 08 March 2013
REVIEW LIES WHEN "from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made,
or on account of some mistake or error apparent on the face of the record of for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order."(see o.47 and also read http://www.indiankanoon.org/doc/1662742/)
ajay sethi
(Expert) 08 March 2013
agre with prabhakar singhji
R.K Nanda
(Expert) 08 March 2013
NO, U CANNOT FILE NEW EVIDENCES IN REVIEW AS
IT HAS VERY LIMITED SCOPE.
prabhakar singh
(Expert) 08 March 2013
A MISTAKEN VIEW AS RIGHT IS BUT CONDITIONAL.
ONE MUST READ PROVISIONS IF NOT IN MEMORY BEFORE REPLYING.ONE MUST READ ALSO THE CASE LAW I CITED.
Raj Kumar Makkad
(Expert) 09 March 2013
There are no chances to lead evidence in review petition.
prabhakar singh
(Expert) 09 March 2013
Civil Procedure Code 1908
ORDER XLVII. REVIEW
1. Application for review of judgment
(1) Any person considering himself aggrieved-
(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed, or
(c) by a decision on a reference from a Court of Small Causes,
and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record of for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order.
(2) A party who is not appealing from a decree on order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applies for the review.
1[Explanation-The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgment.]
1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).
prabhakar singh
(Expert) 09 March 2013
Otherwise in practice out of 10 reviews 9 face dismissal and rejection,not because 9 rejected have no merit but because of only one psych that more is the number of humans who do not believe in admitting and correcting mistakes they commit.
Raj Kumar Makkad
(Expert) 10 March 2013
This is repeated query so no further reply.
