Where review petition is rejected due to non appearance of applicant it can be restored?

Where review petition is rejected due to non appearance of applicant it can be restored?

The order of rejection of application for review cannot be appealed, notwithstanding this general rule, if so was rejected due to non-appearance of applicant, the application can be restored by the court after being satisfied with the cause which prevented the applicant from appearing, to be genuine and sufficient.

What is reference under CPC?

Reference means where the subordinate Court refers the case involving the questions of law to the High Court for the opinion on that matter. Reference is made to the High Court where it has a reasonable doubt during any suit appeal execution proceeding etc.

When the suit is instituted as per Sec 27 of the CPC the summons will be issued to the?

Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed 1[on such day not beyond thirty days from date of the institution of the suit].

What is the difference between decree and order?

A decree is the official proclamation of the adjudication by the judge explaining the rights of the parties concerned with respect to the suit. An order is the official announcement of the decision taken by the court, defining the relationship of the parties, in the proceedings.

What does final appealable mean?

If an order is final and appealable, you must file a timely notice of appeal within 30 days of rendition or the appellate court will forever be deprived of jurisdiction to review the order. In some cases, it may be obvious to you that the order is final and appealable and thus must be appealed now if ever.

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 decree be set aside without notice to opposite party?

Rule 14 – No decree to be set aside without notice to opposite party. No decree shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party.

Who can apply for reference under CPC?

Reference is dealt under Section 113 of the Code. It mentions that a subordinate court can refer a doubt to the High court where the former thinks that there should not be misinterpretation with regard to any law. This is called a reference. No party to the suit has the right to apply for reference.

What is the difference between reference and revision?

Reference is made to the higher court on the points of the law. Revision is made to both higher and lower court on the already adjudicated matters. The Appeal begins on the determination of the case. The Reference occurs while the case is still pending in the court.

Who can claim Mesne profits?

According to Section 2(12) a person becomes entitled to mesne profits only when he has right to obtain possession but another person whose occupation is unauthorized keeps him deprived of that possession. The first and foremost condition for awarding mesne profits is unlawful possession of the occupant of the property.