Yes you can file the review petition in the Hon’ble
When can a review petition be filed?
within 30 days
2) a review Petition must be filed within 30 days from the judgment or order of which review is sought and must be placed before the same Bench which had delivered the decision.
What is the time limit to file review petition in High Court?
30 days from the date or order but in certain circumstances the delay may be condoned if genuine reason for not filing the review is shown. Review petition is seldom allowed as the case must be strong enough to satisfy the consciences of the judges.
On what grounds review petition can be filed?
Review Petition under Article 137 of the Constitution of India. Grounds on which a review Petition can be filed in Supreme Court of India. Review petition is the remedy available when there is an error or omission in the Judgment or any other grounds as per Order XLVII of the Supreme Court Rules 2013.
What is petition limitation review?
Schedule to the Limitation Act provides a Limitation Period of 30 days for filing of a Review Petition.
What is the success rate of review petition?
No official data is available but sources reveal that the success rate of Review Petitions in the Apex Court is less than 0.1 per cent.
Can appeal be filed after review?
An appeal cannot be preferred against a decree after a review against the decree has been granted. This, is because the decree reviewed gets merged in the decree passed on review and the appeal to the superior court preferred against the earlier decree-the one before review-becomes infructuous.”
When can a court review its own order?
Section 114 and Order 47 of Civil procedure Code provides the right to review the judgment. Section 114 provides only right to review the judgment and order 47 of CPC provides limitations and conditions. Article 137 of the Indian Constitution allowed the Supreme Court to review its own orders and judgment.
Is review petition heard by same judge?
Review petitions are heard, as far as practicable, by the same combination of judges who delivered the order or judgment that is sought to be reviewed. If a judge has retired or is unavailable, a replacement is made keeping in mind the seniority of judges.
What is period of limitation for review and revision?
The limitation period for Review
The limitation period for filing an application for review as given under Article 124 of the Limitation Act, 1963 is thirty days for a court other than the Supreme Court from the date of decree or order.
In which court does a review petition lie?
the Supreme Court/High Court
In India, a binding decision of the Supreme Court/High Court can be reviewed in Review Petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition.
Can lower court review its own order?
Law Point: No Criminal Court can alter, modify or review it’s own order.
Can a third party file a review petition?
The Supreme Court has observed that even a third party to the proceedings, if he considers himself an aggrieved person may take recourse to the remedy of review petition.
When a person can apply for review of judgement?
As per the Supreme Court Rules, 1966, the Review application shall be filed within the 30 days from the day the judgment or order passed. And for appeal against any sentence or judgment in High court, shall be filed within 60 days from the day of judgment.
In which cases remedy of revision is not available?
A case cannot be revised if it has not been decided in the first place and no judgement is given. The expression “case decided” was not defined in the CPC, 1908. This gave rise to a number of conflicting decisions on the question of whether the said expression included an interlocutory order also.
Can a High Court review its own judgement?
Being A Court Of Record, High Court Can Review Its Own Judgments Under Article 226 Of the Constitution: Kerala High Court.
What is the difference between review petition and curative petition?
The main difference between the review petition and curative petition is the fact that review petition is inherently provided in the constitution of India whereas the emergence of the curative petition is in relation with the interpretation of the review petition by the Supreme Court which is enshrined in article 137.
What is mercy petition?
A convict under the sentence of death is allowed to file a mercy petition within a period of seven days after the date on which the Superintendent of Jail informs him about the dismissal of the appeal or special leave to appeal by the Supreme Court. The petitions are to be presented to the President of India.
What is review petition in CPC?
Review Petition is dealt with under Section 114 and Order 47 of the CPC. Any party aggrieved by an order or judgement may apply for reviewing the said order or judgement to the same court. It can be filed where no appeal is preferred or in case there is no provision for appeal.
Can a review be filed against an order rejecting the review application?
When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed against order rejecting review application to review the main judgment of the High Court.
What are the grounds for review of judgment?
A perusal of Order 47 Rule 1 shows that review of a judgment or an order could be sought: (a) from the discovery of new and important matters or evidence which after the exercise of due diligence was not within the knowledge of the applicant; (b) such important matter or evidence could not be produced by the applicant
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