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Institution of a review as per Court of appeal rules.





REVIEW

Institution of a review as per Court of appeal rules.

Rule 66.-(1) The Court may review its judgment or order, but no application for review shall be entertained except on the following grounds - 

(a) the decision was based on a manifest error on the face of the record resulting in the miscarriage of justice; or 

(b) a party was wrongly deprived of an opportunity to be heard; 

(c) the court’s decision is a nullity; or 

(d) the court had no jurisdiction to entertain the case; or 

(e) the judgment was procured illegally, or by fraud or perjury. 

(2) An application for review shall, subject to necessary modifications, be instituted in the same mode as a revision

(3) The notice of motion for review shall be filed within sixty days from the date of the judgment or order sought to be reviewed. It shall set out clearly the grounds for review. 

(4) Copies of the notice of motion for review shall be served on the other party or parties as the case may be within fourteen days from the date of filing. The party filing the notice shall file proof of service with the court 

(5) An application for review shall as far as practicable be heard by the same Justice or Bench of Justices that delivered the judgment or order sought to be reviewed. 

(6) Where the application for review is granted, the court may rehear the matter, reverse or modify its former decision on the grounds stipulated in sub-rule 1 or make such other order as it thinks fit. 

(7) Where an application for review of any judgment and order has been made and disposed of, a decision made by the court on the review shall be final and no further application for review shall be entertained in the same matter.

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