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POOJA (ARTICLE ASSISTANT)     08 January 2024

Revision after getting and order of Review

is it possible to file Revision of High court order after getting an order of review of Domestic Violence Act interim order ??


Learning

 5 Replies

Dr. J C Vashista (Advocate )     08 January 2024

You are interested in filing revision in High Court or High Court order has been revised ?

Facts vis-a-vis query in the post are vague and confusing, redraft with relevant facts and your locus standi.

POOJA (ARTICLE ASSISTANT)     08 January 2024

high court order has been reviewed .. but still original order can be revised or not?

T. Kalaiselvan, Advocate (Advocate)     08 January 2024

Review is given by the court which passed the decree or made the order whereas revision is executed only by the High Court. Review can be done only after the passing of the order whereas revision can be done when the case has been decided.

Dr. J C Vashista (Advocate )     09 January 2024

Originally posted by : POOJA

high court order has been reviewed .. but still original order can be revised or not?

You have stated that High Court has reviewed its order, again it cannot be reviewed by the Court.

In such circumstances you will have to move in Letters Patent Appeal before (same) High Court if you feel aggrieved by subject decision is passed (and reviewed) by Single judge of the High Court;

or

Supreme Court in SLP / Appeal (as the case may be) when you are aggrieved by the order / judgment passed (and reviewed) by the High Court.  

 

LCI Thought Leader Sanjeev Duggal Advocate   19 January 2024

The filing of a revision petition against a High Court order generally follows specific legal provisions. Under Section 115 of the Civil Procedure Code (CPC), the High Court has the power to revise its own order if it's found to be erroneous and causes material injustice. However, this is subject to certain limitations, primarily that the order under revision must be a final order, and the revision must not be barred by any specific law.

Regarding the Domestic Violence Act interim order, if the High Court has already granted a review of the interim order under the Domestic Violence Act, the subsequent filing of a revision petition against the initial High Court order may be affected. The principle of law discourages parallel proceedings challenging the same matter simultaneously.


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