Legal Question in Real Estate Law in India

Review of Case.

A Lower (district) Court had given a decision (Decree) in a case (means transfer the property according to WILL). Now (1) Can the same Court has right to Review the same case after 5 months? (2) Can the same Court Cancel that Decree or give Stay on that Decree after 5 months? (3) What is the time limit for Review or Reappeal for that case?


Asked on 2/07/09, 4:10 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Review of Case.

Already replied.

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Answered on 2/07/09, 6:26 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Review of Case.

(1) Yes, the decree can be questioned on several grounds;

(2) the court can; particularly if the decree was ex parte;

(3) that may depend upon facts of each case.

You have not disclosed complete facts of your case. The questions you have raised must have a bearing with the fact earlier decided by the court. You should better seek advice from your lawyer who might have conducted the case on your behalf.

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Answered on 2/07/09, 9:20 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Review of Case.

Limitation start running from the date of knowledge of the person applying.

Review power and its scope is provided by law. Kindly read relevant provisions.

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Answered on 2/07/09, 4:20 am


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