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Revision

CHAPTER 4. REVISION

Art. 361.-Pettiton for revision
(1)    A petition to His Imperial Majesty’s Chilot for the revision of a case shall be made within one month of the pronouncement of the judgment or decision following which the petitioner’s rights of appeal or recourse to any court are exhausted and shall be accompanied by:
(a)    a copy of the judgment or judgments with which the petitioner is dissatisfied; and
(b)    a written memorandum setting forth clearly and concisely the reasons on which the petitioner bases his petition for a revision.
(2)    Upon receipt of the petition the Chiolt shall direct notice to be served on the opposite party to show cause why the petition should not be granted.
(3)    The provisions Art. 324-326 shall apply by analogy when a petition under this Article is made out of time.

Art. 362.- Security for costs
(1)    Where the petition is granted, the petitioner shall within not more than sixty days:
(a)    furnish security for the costs of the respondent; and
(b)    deposit such amount as may be required to defray the expense of sending for, or copying, whichever is more convenient, the record of the case in which judgment to which the petition relates was given.
(2)    Where such copy, if any, has been made, the petitioner shall be refunded with the balance, if any, of the amount deposited under sub-art. (1) (b).

Art. 363.- Granting of petition
Where security has been furnished and deposit made Art. 362, the Chilot shall:
(a)    declare  the admitted;
(b)    give notice thereof to the respondent; and
(c)    give either party one or more authenticated copies of any of the papers in the suit on his applying therefore and paying the reasonable expenses incurred in preparing them.

Art. 364.- Notice
(1)    Notice under Art. 361 (2) and 363 shall be given by affixing the same in some conspicuous place in the court-house in which the suit was originally brought, and by publication in such newspapers as the Chilot may direct.
(2)    Nothing in the preceding Articles requiring any notice to be served on or given to an opposite party or respondent shall be deemed to require any notice to be served on or given to the legal representative of any deceased opposite party or respondent did nor appear either at the hearing in the court whose decree is complained of or at any proceedings subsequent to the decree of that court.

Art. 365.- Further orders regarding security
(1)    At any time before the admission of the petition the Chilot may, upon cause shown, revoke the acceptance of any security furnished under Art.362, and make further directions thereon.
(2)    Where at any time after the admission of the petition any security furnished under Art. 362 (1) (a) appears inadequate or further payment is required for meeting the expense mentioned is Art 362 (1) (b), the Chilot may order the petitioner to furnish within such a time as it shall fix, other and sufficient security, or to make, within like time, the required payment.

Art. 366.- Failure to comply with order
(1)    Where the petitioner fails to comply with an order under Art 365, the proceedings shall be stayed and in the meantime execution of the decree to which the petition relates shall not be stayed.
(2)    Nothing in this Article shall affect the provisions of Art. 368.

Art. 367.- Orders pending hearing of petition
(1)    Notwithstanding the grant of petition for revision, the decree to which the petition relates shall be unconditionally executed, unless the Chilot otherwise directs.
(2)    The Chiolot may, for good cause, of its own motion or on the application of any part to the suit:
(a)    impound any movable property in dispute or any part thereof;
(b)    allow the execution of the decree to which the petition relates taking such security from the respondent as it thinks fit for the due performance of any order which it may make on the petition.
(c)    Stay the execution of the decree to which the petition relates taking such securing from the petitioner as it thinks fit for the due performance of the said decree or of any decree or order which it may make on the petition; or
(d)    Place any party seeking its assistance under such conditions or give such other direction respecting the subject-matter of the petition, as it thinks fit, by the appointment of a receiver or otherwise.

Art. 368.- Increase of security
(1)    Where at any time during the pendency of the petition the security furnished by either party appears inadequate, the Chilot may on the application of the other part, require further security.
(2)    In default of such further security being furnished:
(a)    if the original security was furnished by the petitioner, the Chiolot may, on the application of the respondent, execute the decree to which the petition relates as if the petitioner had furnished no such security; and
(b)    if the original security was furnished by the respondent, the Chilot shall, so far as may be practicable, stay the further execution of the decree, and restore the parties to the  position in which they respectively were when the security with appears inadequate was furnished, or give such direction respecting the subject-matter of the petition as it thinks fit.

Art.369.- Operation of decree or order
Unless the Chilot otherwise directs, no decree or order of the Chilot shall be inoperative on the ground that no notice has been served on or given to the legal representative  of  any deceased opposite party or deceased respondent in a case, where such apposite party or respondent did not appear either at the hearing in the court whose decree was complained of or at any proceedings subsequent to the decree of that court, but such order shall have the same force and effect as if it had been made before the death took place.

Art. 370.- Execution
(1)    Whoever desires to obtain execution of any decree or order of the Chilot shall make an application, accompanied by a certified copy of such decree or order, to te court from whose decree the petition to the Chiolot was preferred.
(2)    Such court shall execute the decree or order as though it had been passed or made by itself.
(3)    The orders made by the court which executes the decree or order of the Chiolot relating to such execution, shall be appealable in the same manner and subject to the same rules as the order of such court relating to the execution of its own decrees.