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lissing perme (unemployed)     29 September 2012

Question on procedure

Respected Members,

Facts of the case is that District and Session Court passed a order which is erroneous.Later occasion the aggrieved party find out a Supreme Court ruling which consonance that, that order was erroneous but at the time when the judgment was found the limitation period already over.

So, what is the best possible remedies in above fact and circumstances?

Do District and Session Court has power to recall and review it erroneous order after the period of limitation period ??

Please give guidance with specifying the relevant law or High Court and Supreme Court ruling.



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 September 2012

Yes certainly, disregard of settled supreme court law on a point being an error apparent on the face of the record, the very court has the power to review the matter. Normally reviews are entertained within 30 days. But delay can be condoned if sufficient reason can be shown. The explanation (validity of) and not the length of delay is the relevant criterion. Your review u/s 114/ Or.47 has to be accompanied with an application u/s 5 of the limitation Act.


Bharat Chugh - Advocate Supreme Court of India

1 Like

A.SUMATHY 9380902017 (LAWYER)     29 September 2012

directly file appeal before high court with condone delay petition 

lissing perme (unemployed)     30 September 2012

@ Bharat Chugh

Sir!! could you please suggest some citation in this regard.

thanks for your valuable guidance


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