Review Petition of 'Int. Order' Vs SetAside App against 'Int. Order'
I have few queries as follows:
I am dealing with Sec24, Sec 26, Temp. Injuction Order Order 39 R1,2, execution orders from the side of Wife......................................in the light of new disclosures and evidences.
Q1. What's the premise to assign a Review Application/Petition, a new petition number(and to conduct the whole process starting from summons etc) as a 'Separately' numbered petition than the main suit? Doesn't that mean 'appeal in disguise' procedurally?
Ofcourse, Plea of 'appeal in disguise' becomes weak when other cogent reasons such as "discovery of new and important matter or evidence" become predominant and 'Review Application' is not rejected (at the admission level, and further hearings ordered on its merits and other party asked to give say on new 'discovery of evidence')
Q2. What's remedy available (other than revision at HC) 'Review Application' is rejected at the admission level?
Q3. What's remedy available (other than revision at HC) after 'Review Application' is NOT rejected at the admission level and is heard and adjudicated on merits but unfortunately still lacks force to impress upon the trial court judge and ultimately Int. Order not revised/set aside.
Q4. Is there any other way/remedy available, vide a kind of set-aside Application in the ongoing suit(and not paving a new petition running independently/parallelly) at the same trial court
"contempt of courts Act & Family Court Act:: Plea of unclean hands/concealing material facts" OR
"HMA 1955 :: Change of circumstances to rescind or revoke previous order"
instead of opting the "route of civil revision/writ Art226,227 etc ..............at upper court"???
I hope that legal stalwarts and experienced lawgurus, lawyer would understand what I am trying to ask.....Your expert take and comments would be really appreciated and saluted.
Please give your comments, expert opinions to all above question if possible Q1, Q2, Q3, Q4
Procedural time (an delays) is likely to become bottleneck and deprive person from justice especially and growing minors. Hence going through above thaughts
Thanks
