From the bench: when the law courts offer a second chance
The law provides for the possibility of retrial of cases decided by the Courts of Justice in a number of listed circumstances. One such case is when a sworn application is not served on the party cast, and, notwithstanding such omission, such party would not have appeared at the trial. The law provides an exhaustive list which may be used as a basis for a retrial, including obtaining a judgment by fraud, when a judgment contains the wrong application of the law, as well as in circumstances when parties are under legal disability to sue or to be sued. A valid application for a retrial is also entertained when a judgment conflicts with a previous judgment delivered in a suit based on the same subject matter between the same parties, or, among others, when a judgment is based on false evidence. An application for a court to authorise the retrial of a case is to be filed by a sworn application. A person is deemed to have been served with pleadings upon receiving a copy of the judicial acts, wherever such person may be found, including at the place of residence of the person or at the place of business or work. Service is also considered to be valid when it is left with a person in...