Since the review petition has been dismissed by high cour,t you have no other remedy other than to approach Supreme court by way of a special leave petition.
Limitation period is 90 days.
Whether another application can be filed in HC on different cause of action to set aside the order
1st Part : HC has passed the order on the basis of statement (which was an offer (Rs. 25 Lacs) to settle the matter, instead of proceeding further on merits of case) made by advocate on behalf of client believing that the said statement was true, which was actually fraudulent and misleading statement. 2nd Part. : HC before passing that order, asked the opinion to my advocate about whether he is ready for such settlement. Without obtaining my consent, my advocate agreed to the offer, given by that party. 3rd Part : I, therefore filed a review petition to recall the order on the basis of no consent was given to advocate to accept such offer.. The HC, however rejected the review petition. In review application there is no whisper about fraudulent offer and misleading statement but the said review was filed purely on the basis of “consent was not given” Question : In this view, I wish to file another application before HC once again that the party has obtained the said order by playing fraud upon HC in view of fraudulent offer (which is not in existing factually with party. He does not have that amount. Therefore the order which was on the basis of fraudulent offer has to be set-aside on that ground being offer cannot be fulfilled. (party who offered already declared himself as insolvent). whether I can file such application in HC even after review application which was filed for another cause. if so under which provision, I can file such application Or only SC is option as HC will not entertain the application because of review application which is rejected by court. Thanks.
Asked 5 years ago in Civil Law
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8 Answers
if i remember your case - the builder's injunction application before the trial court was allowed
against that you filed an appeal in which the trial court's order was set aside
against that the builder filed a 227 petition in HC in which the appellate court's order was substituted by the HC by reserving a 2BHK flat for you in the building constructed on the suit plot
you filed a review petition against the above HC order which got rejected
the review was filed on basis that you had not consented for reservation of the 2BHK flat
the 227 petition order also does not speak about the settlement offer of 25 lacs
so no question arises that the said offer is fraudulent as the offering party is insolvent and does not have the means to pay -
the review order merely stated that a 2BHK flat will be reserved for the Plaintiff and the trial court can consider that at time of passing decree in the partition suit
there cannot be review of a review
so i do not think such a review petition can be filed again on a ground that the offer of 25 lacs is fraudulent when there is no whisper about such offer in the 227 petition HC order
Dear sir
You have to move to SC for Revision of the order on basis of fraudulent statement and misleading facts. Because it is rejected by the HC.
Better file application in same court for recall of the compromise order with the plea that such a compromise was unacceptable as the petitioner. Take ground of insolvent too that such settlement is obtained by playing fraud.
In cases where there is no express authorisation to enter into a compromise under the inherent authority im-pliedly given to the Vakil he has power to enter into the compromise on behalf of his client. But in the present state of the clientele world and the position in which the Bar now finds itself and in the face of divided judicial authority and absence of statutory backing, prudence dictates that unless express power is given in the vakalat itself to enter into compromise, in accordance with the general practice obtaining, a special vakalat should be filed or the specific consent of the party to enter into the compromise should be obtained
you have to file a revision/appeal before division/full bench of the same high court.
1) your review application would not be maintainable
2) file appeal before SC
You can try filing a writ petition as a last resort if rejected you can file a SLP before supreme Court
If they are not able to fulfill the settlement that they have made then you can file a contempt petition
There is no ground for you to say that they dont have funds
You may file an application for modification of the order and get an order to the effect that a time limit be prescribed for the payment of the amount
