Definition of Petition for Reconsideration, the Judicial Judgments and Decisions that may be Challenged Against by a of Petition for Reconsideration:
It is one of the extraordinary methods of challenge, the parties shall have the right to petition a reconsideration of the judicial judgments and decisions issued (irrevocably). This indicates that the lesson in determining the irrevocability of a judgment or decision lies in the date on which it is issued, not after the litigant missed the time limit for challenging against it or after challenging against it and rejecting his challenge. Therefore, if the judgment or decision was appealable, the litigant missed the time limit for challenging against it with appeal, he may not petition reconsideration of such judgment or decision. If he submitted a petition for reconsideration thereafter, then the court rules against the admissibility of the petition based on the provision in Paragraph (1) of Article No.174 of the Civil Procedures Law, which states: 1– The court shall decide, after hearing the litigants first, on the admissibility of the petition)), it is decided based on the provision of Article No. 171 of Federal Decree Law No. 42/2022, promulgating the Civil Procedures Law: The judgments that may be challenged against with a petition for reconsideration, namely those issued irrevocably, indicating that challenging against them with the ordinary methods of challenge may not be accepted. While the judgments of first instance, challenging against them with a petition for reconsideration may not be accepted so long as they are appealable, regardless of whether or not they are challenged against with this method, due to the fact that petition for reconsideration is considered one of the extraordinary methods of challenge.
Dubai Court of Cassation – Dated 10-08-2023 – with Cassation Appeal No. 38/2023, Civil Cassation Appeal
For instance: If one of the parties files a case with an amount exceeding AED (50,000), which is above the jurisdictional threshold for the Court of First Instance, then a judgment of first instance is rendered therein, such judgment is challengeable with appeal and is not considered irrevocable, and the litigant then misses the time limit of challenging against it with appeal, in this case, he may not challenge against the judgment or decision by filing a petition for reconsideration.
The Conditions Required for a Judgment or Decision to be Challengeable with a Petition for Reconsideration, and the Time Limit for Submitting the Petition:
The UAE legislator has outlined the conditions that must be met in a judgment or judicial decision for the litigants to be able to petition against it with reconsideration, as stated in Article No. (171) of Federal Decree Law No. 42 / 2022, on promulgating the Civil Procedures Law, which stipulates: The litigant parties may petition for reconsideration for the judgments and decisions issued irrevocably in the following circumstances:
- If a fraud was committed by the litigant party that results in affecting the judgment or the decision.
- If the judgment or the decision was based on papers which have been declared as falsified or judged as falsified, after such decision is issued, or the decision was based on a testimony of a witness and it was judged, after it is rendered, as perjury.
- If the petitioner, after the decision or the judgment is rendered, has obtained decisive papers in the case which his litigant party hindered the submission thereof.
- If the judgment or the decision has awarded a judgment which the litigant parties haven’t requested or in the excess of their claims.
- If the ruling of the judgment is self-contradictory.
- For anyone against whom the judgment or decision rendered in the case serves as evidence against him and who was not joined or did not intervene in the case, provided that he proves the fraud, collusion, or gross negligence of their representative.
- If the judgment or decision was rendered against a natural or legal person who was improperly represented in the case.
The UAE legislator has further outlined in Article No. (172) of Federal Decree Law No. 42 /2022 on promulgating the Civil Procedures Law stipulates: ” The time limit of the petition shall be 30 days, this time limit is only enforced in the cases specified in Paragraphs (1-2-3) of Article No. 171 of this law as of the day the fraud was discovered, the fraudster admitted to forgery therein, or it was proven by a judgment, or the false witness therein was convicted, or the withheld document was revealed therein. For the case described in Paragraph (6) of Article No. 171, the time limit shall be enforced as of the day the fraud, collusion, or gross negligence was discovered. For the case mentioned in Paragraph (7) of Article No. 171, the time limit shall be enforced as of the day the judgment was served upon the judgment debtor or his/her legal representative.
Filing the Petition or Accepting the Same never Causes the Execution of the Judgment to Cease:
The legislator decided in Clause (2) of Article No. (174) of this law that: filing the petition or accepting the same shall not the execution of the judgment under petition to cease, yet the court may order the stay of execution, whenever required to do the same, and there was a fear that the execution would cause a flagrant harm which would be impossible to remedy. The court may further order the petitioner to provide indemnity bond to protect the rights of the respondent.
The legislator decided in Clause (3) of Article No. (174) of this law: petitioning the reconsideration in the rendered judgment rejecting the petition or in the judgment accepting the same in the merits of the case may not be accepted.
Respectfully
Legal consultant / Maher Mahmoud Al-Khalaf
