Practice area
Review, recall and rectification of orders
Review petitions, recall of ex parte and dismissal orders, and correction of errors in orders of the High Court of Karnataka.
An order of the High Court is not always the last word. In limited situations the Court can review its own order, recall an order passed in a party's absence, or correct a clerical or arithmetical mistake.
What this work involves
- Review petitions where there is a mistake or error apparent on the face of the record, or discovery of new and important material that could not be produced earlier
- Recall of orders passed ex parte, or of dismissals for default or non-appearance
- Rectification of clerical errors and accidental slips in orders
- Restoration of petitions dismissed for non-prosecution
- Clarification and modification of directions that are unclear or difficult to implement
- Advice on whether a review or a further appeal is the correct route
Realistic expectations
Review is not an appeal in disguise. Courts apply it narrowly, and applications that simply repeat arguments are usually dismissed. They must show a real error on the record or genuinely new material.
Frequently asked questions
Can I ask the High Court to review its own order?
Yes, in limited circumstances, such as an error apparent on the record. The application must be filed within the prescribed time.
What if my petition was dismissed because my advocate did not appear?
An application to restore the petition can be filed, explaining the reason for non-appearance and showing that there was no wilful default.
Related reading
Bail in Karnataka: High Court or Sessions Court?
How regular and anticipatory bail work under the BNSS, and how to think about approaching the Sessions Court or the High Court of Karnataka.
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How police freezing of bank accounts works under Section 106 BNSS, what the law requires and how to challenge it.
Criminal petitionsChallenging a Look Out Circular (LOC) in the Karnataka High Court
What a Look Out Circular is, why people are stopped at the airport, and how a writ petition in the Karnataka High Court can challenge it.