What principle prevents a court from ordering a new trial when more than 28 days have passed since the final judgment?

Get ready for the BPS I Civil Procedure Test. Utilize flashcards and multiple-choice questions with detailed explanations to boost your preparation. Excel in your exam!

The principle that prevents a court from ordering a new trial when more than 28 days have passed since the final judgment is rooted in the concept of finality of judgment. This principle serves as a cornerstone of the legal system, emphasizing the importance of both the stability of judicial decisions and the need for parties to move forward after a decision has been rendered.

Finality of judgment asserts that once a court has issued a final ruling, the parties involved should be able to rely on that determination as definitive and conclusive. This principle ensures that litigation does not drag on indefinitely, allowing individuals and entities to plan and make decisions based on the assertion that a case has been resolved. Recognizing the need for closure in legal proceedings helps maintain an efficient judicial system and upholds the rule of law, as it discourages constant re-litigation of settled matters.

In this context, the specific timeframe of 28 days is significant as it establishes a clear and reasonable period during which parties can seek a new trial or appeal, thereby promoting judicial economy and predictability in legal outcomes. After this period, the finality of the judgment stands, ensuring that the decision retains its intended impact without the risk of endless challenges.

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