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Dinesh Kumar Maheshwari
in Enforcement of Civil Judgments Law Civil Law
Asked October 07, 2017

Interpretation of judicial order

  • 1 Answer
  • 204 Views

Sir, Hon ble High Court decided my writ (double bench) as on 5/9/17 regarding a matter of Transfer and i will resume my duty on 9/10/17(.under protest) and reserving my rights. hon able jugde has given a direction "At this stage learned counsel for the appellant states that the appellant along with another person has joined to make a request for mutual transfer . Needless to state ,the respondents shall consider the said request as the transfer policy. in case if bank not consider my request i want to file a writ .please do guide D.B. SPECIAL APPEAL (WRIT) NO 813 /2017

Answer 1

You can consider filing a review petition under Section 114 of the Code of Civil Procedure and ask the court to give a re-look to you case.  Anybody can file a review petition in a high court within 90 days of the original judgment being delivered as per the Provisions of Limitation Act, 1963.

 

In your review petition, please take help of a lawyer and explain any of the following reasons for the original decision to be altered-

(i) discovery of new and important matter or evidence, or 

(ii) mistake or error apparent on the face of the record, or 

(iii) any other sufficient reason.

 

If your bank is a public sector bank and not a private sector one, you can approach the High court and file a writ petition with the help of a lawyer under Article 226 and 227 of the constitution and argue about how this transfer is violative of your rights and thus ask the court to issue a writ of mandamus- which directs the authorities to do something and correct a previous wrong. However, please note that the writ of mandamus can only be used against public authorities and not private ones. 

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