Could I Put My Second Appeal in Double Bench if My Second Appeal in Easement Case Dismissed by Single Bench in High Court?
Under the Indian Civil Procedure Code (CPC), a second appeal can be filed in the High Court if the lower court's judgment is reversed or modified by the single bench. However, in an easement case, where the second appeal has been dismissed by a single bench, the possibility of filing a second appeal in a double bench depends on the specific circumstances of the case and the discretion of the court.
If there is a substantial question of law or a grave error of law apparent on the face of the record, the High Court may consider admitting the second appeal in a double bench. The petitioner must demonstrate that the single bench's decision is clearly erroneous and that it has resulted in a miscarriage of justice.
Alternatively, the petitioner may file a review petition before the same single bench that dismissed the second appeal. If the review petition is allowed, the single bench may reconsider its decision and grant leave to file a second appeal in a double bench.
It is important to note that the High Court has the discretion to grant or deny a request for a second appeal in a double bench. The petitioner must provide strong grounds to persuade the court that the case warrants such a hearing.
FAQs
- Can a second appeal be filed in a double bench after dismissal by a single bench in an easement case? Yes, if there is a substantial question of law or a grave error of law.
- What is the procedure for filing a second appeal in a double bench? File a petition with the High Court, outlining the grounds for admitting the appeal.
- Can a review petition be filed before the same single bench that dismissed the second appeal? Yes, if there is new evidence or a compelling reason to reconsider the decision.
- What are the grounds for admitting a second appeal in a double bench? Substantial question of law or grave error of law.
- Is the grant of a second appeal in a double bench discretionary? Yes, the High Court has the discretion to grant or deny the request.
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