Time limit to file a review petition against a High Court's order
05-Apr-2023 (In Civil Law)
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.
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.
What is the time limit for revision petition in High Court?
It is necessary to submit a Revision Petition within 90 days of the date the court issued its decree.
What is the time limit of filing the review petition in the High Court?
2) A review petition must be filed in 30 days of the judgment or order for which review is requested and must be brought before the same bench that delivered the decision.
What is the success rate of review petition?
A review petition can only be filed on limited grounds. There are no official statistics, but it is believed that less than 0.1% of Review Petitions at the Apex Court succeed.
What is the power of the High Court in review petition?
As a Court of Record under the Constitution of India, the High Court has the power to review its own judgments. The Supreme Court has the same power under Article 137 to review any judgment or order it makes.
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.
The affected party may file a review application or petition within 30 days after the order is passed by the High Court.
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