ASHUTOSH (lawyer) 16 May 2008

seeks judgement on review

i have file a suit for recovery in delhi which was dismissed Exparti by ADJ on the basis of section 34 of Evidence act he say ledger is not sufficent to sue a person. i have not file at that time bills/invoices. now i got and file review on the basis of discovery of bills/invoice pls tell a judgement who support my case iam representing a company and defendant was also company after service of review they are again not comingn and notice of review was issued report was company left so pls tell a judgement who support only review the judgement on review on the basis of discovery of evidence

awating all frienda and respective experts member

ashutosh

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4 Replies

Prakash Yedhula (Lawyer) 17 May 2008

It would have been better to filed an appeal along with an application to receive additonial documents instead of filing a review petition where the scope is very narrow. However, the query seeems to be one of service of the respondent. If the court deems it fit, it can even order substituted service under order V Rule 20 of CPC

Ajay kumar singh (Advocate) 20 May 2008

Provisions of OR.47 Rule1 C.P.C.are clear enough to satisfy your queries. One can file a review petition on the basis of discovery of new documents as well as on the ground that there is apparent error on the face of the record.The court has wrongly discarded the ledgers which have not been challenged by the other party.Please see sec.34 of the Evidence Act. Proceed boldly.You are on the right track.

ASHUTOSH (lawyer) 23 May 2008

thank you very much ajay sir you have given me a moral support because in stating i face this type of problem which loose confidence by my client on me with your moral support sure my review will admitt thanks again ashutosh