Description
A person not a party to trial proceedings – revision – Section 96 of the Civil Procedure Code – dismissal order – correction of clerical or arithmetic errors – specific provision – provision of general application – gap in the law – review on its own motion – time limit for applying for review – review by a successor judge.
- A person who was not a party to trial proceedings can seek revision against those proceedings.
- Scope of application of Section 96 of the Civil Procedure Code.
- Dismissal order of a suit cannot be replaced by striking out order pursuant to an application for correction of clerical and arithmetic errors under section 96 of the Civil Procedure Code.
- When there is a specific provision, the Court cannot invoke provisions of general application because there is no gap in the law.
- The court cannot embark on review without being moved by a party to the case.
- The Court cannot on its own motion make a review of its decision.
- Time limit for applying for review of decision of the High Court is 30 days.
- A successor judge cannot review the decision of his/her predecessor.
