6 Answers
If a judgment has been passed but the evidence on record does not match or support the conclusions drawn in the judgment, you have legal remedies available, depending on whether the case is civil or criminal.
1. Get the Certified Copy of the Judgment and Entire Case File
- Obtain certified copies of the judgment, evidence on record, witness statements, and final arguments.
- This is crucial for evaluating whether the judge has ignored or misinterpreted facts or evidence.
2. Discuss With a Senior Advocate or Legal Expert
- Share the complete file with an experienced advocate to check for errors in appreciation of evidence, legal flaws, or bias.
- If the judgment is inconsistent with the evidence, the court may have committed a “perversity in judgment”, which is appealable.
3. File an Appeal
You can file an appeal before a higher court based on the grounds that:
- The judgment is perverse (i.e., against the weight of evidence)
- The judge ignored material evidence
- The findings are based on assumptions not supported by the record
In Civil Case District Court / High Court limitation period is 30–90 days
And in Criminal Case Sessions Court / High Court limitation period is 30–60 days
The appeal petition must specifically point out contradictions between the evidence presented and the findings in the judgment.
4. File a Review or Revision (If Applicable)
If you believe there’s a clerical error or an oversight (not legal misjudgment), you may consider:
- Review Petition (under Order 47 CPC or Section 362 CrPC)
- Revision Petition (for jurisdictional or procedural irregularity)
These are limited in scope and not substitutes for appeal.
5. Interim Relief
If the judgment has adverse effects (like eviction, conviction, or penalty), you can apply for:
- Stay of the judgment/decree
- Interim relief during appeal
Please file Review Application before the same Court which has passed the judgement. Subsequently if no relief given by that Court, you can file an Appeal also in the appellate court. It's better if the same is done within limitations prescribed by the law.
Dear client,
If judgement is already passed but the evidence which was given from the beginning of the case is not matching with what the court has said in the judgement, then you have to take some legal steps. First, you can file an appeal in the higher court. For example, if the judgement came from a lower court like a district court, then you can go to the High Court and challenge the decision. But this has to be done within a limited time, usually between 30 to 90 days depending on the case. Second option is, if there is a clear mistake in the judgement or some important evidence was ignored, you can file a review petition in the same court which gave the judgement. This is only possible in some special cases. Another option is revision, where you can go to a higher court and ask them to check if any legal error happened, like wrong law was applied or court ignored a procedure.
Before doing anything, it is better you take a certified copy of the judgement and all the evidence that was submitted. Then go to a good lawyer and show all papers. Sometimes what we feel is not matching may be misunderstanding. A lawyer will help you understand what really went wrong and what is the best legal step for you. Also don’t wait too long, because if you delay, then the court might not accept your appeal or petition.
Hope this answer helps, in case of further queries, please dont hesitate to contact us.
Challenge the order in high court. However, details are required to suggest appropriate remedy.
In order to understand your queries we need to discuss in detail & request you to contact us back with the OLQ team