Appeal or review ?

In my opinion, if you are having new evidences, you should approach the Tribunal and file the review application. In case of appeal before the higher Court, you may not be allowed to produce new evidences.

Thank you sir ! But after 3 years of lapse  will the Tribunal accept the review application ? (2009 to 2012) ( the order was dated 2009). If yes, please let me know what reasons and under which sections should I approach for review ?

After a gap of three years, review or appeal, both are barred by limitation. However, the Court/ Tribunal can condone the delay. The applicant has to explain the reason of every day's delay and based on the explanation, the Court/ Tribunal can pass appropiate order.

(1) the reason for the delay is that, I do not have enough evidences in 2009, but now I got enough evidences/proofs will that reason admissible by the court Sir ? and under which section ?

(2) And also the tribunal judgement in 2009 is wrong.So shall I go for appeal in High court or review in Tribunal again Sir?

I am awiting your valuble advice sir.

(1) The Court/ Tribunal have discretionary powers in condoning the delay. There are no guidelines to use this discretion. In your case, the reason is certainly a valid reason, but whether the Court/ Tribunal will accept it- it cannot be said.

(2) If the judgment of Tribunal is wrong, you can file an appeal, subject to limitation clause. But in appeal, you will not be able to introduce new facts and documents.

So sir, REVIEW is better option, as I can produce new evidences/documents and as the same is not possible in appeal.

Dear Sir

I suggest that you meet some lawyer with all papers collected and used since the time when you filed first case before tribunal in 2007.

In your case, with limited information, if the High Court has directed you to approach the Tribunal,and if the High Court's order is not blatently wrong, you have to approach Tribunal. However the outcome in the Tribunal cannot be predicted.

Divya Jyoti Jaipuriar, Adv.

+91-9868002365

divyajyoti[at]jaipuriar[dot]com