Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 17 March 2011

Order– XLVII, Rule- 1 of the Code of Civil Procedure, 1908

The order 47 Rule 1 of the Civil Procedure Code authorizes the court which passed the order to review the same at the instance of a party considering himself aggrieves by it, that if some new and important matter or evidence which is relevant for the purpose was discovered which could not be produced after exercise of due diligence or if there appears to be some mistake or error apparent to be some mistake or error apparent on the face of the record or there exists any other sufficient reason

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5 Replies

Damayanti (Unemployed) 18 March 2011

What's the question?

SBNewDelhi (Junior Advocate) 03 December 2012

Under which section/order of the what Act can a petition be filed in the Supreme Court for review (NOT appeal) of a High Court order? And what is the limitation period. Could you please give me the citation asap. Thank you!

SBNewDelhi (Junior Advocate) 03 December 2012

Dear All, In a criminal case what is the limitation period for filing an appeal in the Supreme Court after the Review Petition has been allowed by High Court? Please state the source (Section, Act etc.) Thankyou!!

Adv.Aiyer VLV (Proprietor) 25 July 2013

PleaseGowanthaveodday sirs

my query is related

I am not party in a civil RFA before HC. But HC passed comments which indicts me criminally in fraud. The entire paragraph is contrary to facts and evidence before HC. HC in another para States contrary to evidence by my predecessor in the suit add witness for obvious reasons.

Few others non parties who are made similar related comments went to expunge. HC said it will not expunge as it is the reason and basis for judgement.. This criminal indictments were the reason that includes comments on me.

Now I have proof that assumptions in

comment by HC is completely wrong. ie accounts is not branch accounts but that of a society is confirmed by CA institute. HC took it as branch account. Lower Court clearly found prima facie accounts aren't branch account. HC didn't controvert this.

Suit is in appeal before SC.

Order 47 permit review to me. Expunge is known waste.

Should I file SLP or IA to implead?

Can I ask verdict to be set aside, since basis is wrong?

Can and should I ask for remand of suit to impressed me and opportunity to be heard

I practice in same HC now as lawyer. Should I file writ UA 32 inserted of review

I want to prosecute judge for his misdemeanour in causing injustice and making observations for extraneous consideration and defaming me

Please guide.

Thanks in advance