Sundarram (NA) 24 May 2012
1. What is the criteria when a person can go for a review rather than an appeal in a higher court.
2. I understand that if we appeal in the District Court we cannot present additional witnesses. Is this true?
3. What should we do if the final judgement has been given but we want to present more witneses as we only had one witness and lost the case due to lack of witnesses and therefore unable to disprove the opposite parties allegations.
Please help! Urgent.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 May 2012
1. Review is applicable only to non appealable cases or cases where appeal right is there but no appeal is preferred. It is governed by O.47/S.114 CPC - the three basic grounds for review are :-
a) Error/mistake apparent on the face of the record;
b) Discovery of new and important peice of evidence (not obtainable earlier)
c) cause of like nature.
2. Even in appeal - the court can remand the matter back for recording of additional evidence.
3. If the witnesses were outside your knowledge or with due diligence could not have been brought to the court earlier - then only they will be allowed. For the court's feel that a party after having lost on merits cannot be permitted to fill in the lacunae of it's case.
Feel free to talk!
Regards,
Bharat
Advocate
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