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WHETHER A LITIGATION CAN BE RE-OPENED AFTER LONG DAYS ?

M. Anantha Padmanabha Bhat vs Kali Poojarthi And Ors. 2003 (2) KarLJ 176 "Courts will refuse to reopen final orders after the lapse of a considerable period of time. Unless this principle is strictly observed, it will virtually open the floodgates, particularly to mischievous and ingenious applications.................we need to hold once again that there is a doctrine of finality which applies to all proceedings and barring very strong and very exceptional situations, Courts will refuse to reopen final orders after the lapse of a considerable period of time. Unless this principle is strictly observed, it will virtually open the floodgates, particularly to mischievous and ingenious applications such as the one made in the present case. In totality therefore, it is our considered view that even in the year 1992 since 11 years had already passed and Form 10 had been issued much earlier, that the Tribunal would have been justified in having straightaway rejected the application."

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