Time limit to file a review petition against a High Court's order

There is a time limit for filling a review petition against a court order passed by highcourt if the opposite party 's SLP has been dismissed by supreme court? In this case, in which time(time limit) order passed by highcourt should be followed.

Answers (2)

220 votes

If the SLP has been dismissed on merits, then the order of the High court stood merged in the order of the SLP. Thus SLP before the high court will be a futile exercise but if the Apex Court has given liberty to file Review petition before the High Court then you can file review petition, although the Section 114 of the C.P.C. as well as Part II, Chapter IX of the High Court Rules also do not provide for any limitation for filing the review but it should be reasonable in the eye of law. You can refer to the Judgment of K. Rajamouli Vs. A.V.K.N. Swamy reported in AIR 2001 SC 2316 for understanding the situation better.

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330 votes

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.

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