Dear Querist
What is the question for review when the second appeal was dismissed as withdrawn.
review will not be maintainable.
the time limit for filing review is 30 days
Review petition
My question is that- Can a person file review petition in high court against the order of high court in regular second appeal? (Regular second appeal was dismissed as withdrawn) Will the review petition maintainable if filed? If yes what is the time limit of filing the same?
Asked 9 years ago in Civil Law
6 Answers
1. What were the terms of withdrawal?
2. Whether the withdrawal was unconditional?
Only if there is an error apparent in Law in the order. The Review Petition always appears in front of the same court.
1) Order XLVII rule 1 of the Code of Civil Procedure stipulates that any person considering himself to be aggrieved (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred; (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a court (exercising Small Cause Jurisdiction), and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the court which passed the decree or made the order. It is evident from a reading of Order XLVII Rule 1 of the Code of Civil Procedure that a review can be sought by a person considering himself aggrieved by a decree or order from which an appeal is allowed but from which no appeal has been preferred or a decree or order from which no appeal is allowed.
2) in your case regular second appeal has been dismissed as with drawn .
3) even if you file review petition your chances of success are bleak as there is no error apparent on record .
Since your second appeal has not been decided on merits, before you move the court for a review petition, the RSA option has to be exhausted. Since your RSA was dismissed as withdrawn, the question of filling a review does not arise in this case. The review petition will not be maintainable if filed, neither you have any chances of success in such a case.
1. When the regular second appeal filed before the high Court was withdrwan, was leave prayed and granted for refiling it?
2. If not, then the said review petition is not maintainable.
