Under what circumstances can a person apply for review of a judgment?

Under what circumstances can a person apply for review of a judgment?

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.

What do you mean by stay of execution under CPC?

Rule 5 of CPC provides for the stay of an execution: Where the suit is pending in any Court decree-holder and judgment-debtor in such circumstances if the Court is found the rights of parties are required to be adjudicated by the Court where such suit is pending and unless the rights are to be determined, the decree …

Can executing court stay the execution of decree?

An executing court cannot go behind the decree. It must take the decree as it stands and execute it according to its terms. In such a case, the executing court must accept and execute the decree as it stands and cannot go behind it.

What is limitation period for execution of decree?

injunction is 12 years. The maximum period of limitation for the execution of a decree or order is 12 years from the date when the decree or order became enforceable, which is usually the date of the decree or order.

On what grounds is a review allowed?

It may allow a review on three specified grounds, namely, (i) discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the applicant’s knowledge or could not be produced by him at the time when the decree was passed, (ii) mistake or error apparent on the face of the …

Can a judge review his own order?

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. The objective behind this power is to ensure justice.

How long is stay of execution?

twenty eight days
I grant a stay of proceedings for a period of twenty eight days upon the filing of a notice of appeal and upon payment to the plaintiff of the sum of $ X within the said period of twenty eight days.

What is the limitation for execution of decree?

Can executing court review its own order?

The power of reviewing of its own judgment is conferred on the court. Section 114 and Order 47 of Civil procedure Code provides the right to review the judgment. Article 137 of the Indian Constitution allowed the Supreme Court to review its own orders and judgment. The objective behind this power is to ensure justice.