The procedure of protest and appeal is basically a way to ascertain the validity and accuracy of the awards issued by courts. Substantive proceedings either of the first instance or the appeal stage of trials to some extent affirms the accuracy of the judgments and gives effectiveness to them. There is a further exceptional way of revision called Retrial which can be applied against final judgments following the request of the losing party. Exceptional and exclusive causations are required to apply for Retrial. These causations in both civil and criminal cases are of such importance that, if they are proved, the final judgment will lose its effectiveness and will be reversed.In this article, we introduce and analyse the principles governing Retrial in both Iranian and comparative law.

The Retrial is one of the superlative ways for complaining about courts' judgment which is accepted and operated exceptionally and in specific aspects due to its restrictions and being exclusive. Rehearing is a superlative way and for that reason it can be carried out and taken effect only when a final judgment was issued by a court and with resorting to exceptional and exclusive cases after admitting it to objectionable criminal and civil judgments. Meanwhile, third parties may not enter to this stage. Such particularities resulted in prominent situation for Retrial comparing with other methods such that no parties involving in the case, comparing with routine way of asking for appeal, could not easily try their fortune for reversing the Judgment resorting lawful approach and provide with other opportunity. Ignoring the provisions and limitations present for this legal approach, legislator, in 1980, developed appealing to this way by discretion of judiciary in an accelerated and abrupt action such that one can take to revision any final judgment (whether Order or Judgment) issued by judiciary courts and so violate it. Although dispersing the Retrial and developing its realm to reverse the orders violated legally may fairly be proper for justice, but more and more applying it may reduce the importance of this violation procedure as well as its respect and may turn it to a routine method. The main objective of this paper is analyzing the regulation for revising Article 18 of revision in regulation for forming public and revolution courts enacted on 14 Jan 2007, where there has been established discretion of chief of judiciary in obvious discrepancy of award with shariah as one of the causations for Retrial In criminal and civil affairs. For this reason, we are deciding to discuss conditions and barriers for discretion of mentioned legal authority and elements of this newly established article as well as its effects.

We propose to use a mathematical method based on stochastic comparisons of Markov chains in order to derive performance indice bounds. The main goal of this paper is to investigate various monotonicity properties of a single server Retrial queue with first-come- first-served (FCFS) orbit and general Retrial times using the stochastic ordering techniques.

In this paper, we investigate the fuzzy logic based system characteristics of MX/G/1 Retrial queuing system with Bernoulli vacation schedule. The service time and vacation time are assumed to be generally distributed. It is found in many practical situations that the queuing models with fuzzy parameters are much more realistic than the classical crisp parameters based queuing models. We have chosen group arrival rate, service rate and vacation rate to be fuzzy parameters. The objective of this study in this paper is to transform MX/G/1 Retrial fuzzy queue with Bernoulli vacation schedule to a family of conventional crisp queues by employing a-cut approach based on Zadeh’s extension principle. We formulate a pair of parametric non-linear programs (PNLPs) to describe the family of crisp queues with a vacationing server. To illustrate the validity of the proposed approach, the numerical examples are facilitated for different service time and vacation time distributions.

The present investigation deals with the bulk arrival M/G/1 Retrial queue with impatient customers and modified vacation policy. The incoming customers join the virtual pool of customers called orbit if they find the server being busy, on vacation or in broken down state otherwise the service of the customer at the head of the batch is started by the server. The service is provided in k essential phases to all the customers by the single server which may breakdown while rendering service to the customers. The broken down server is sent to a repair facility wherein the repair is performed in d compulsory phases. As soon as the orbit becomes empty, the server goes for vacation and takes at most J vacations until at least one customer is noticed. The incoming customers are impatient and may renege on seeing a long queue of the customers for the service. The probability generating functions and queue length for the number of customers in the orbit and queue have been obtained using supplementary variable technique. Various system characteristics viz. average number of customers in the queue and the orbit, long run probabilities of the system states, etc. are obtained. Furthermore, numerical simulation has been carried out to study the sensitivity of various parameters on the system performance measures by taking an illustration.

One of the obvious advantages of Retrials is the guarantee of judicial justice, and as a way of challenging judicial decisions, it seeks to administer justice and a way to return to the same court that tried it in order to deviate from the judgment that the court previously issued on the matter. . In other words, Retrial is an extraordinary and reciprocal procedure for the litigants against the verdicts that have been valid. The resumption of the trial is also envisaged in the law of Iran and France as one of the extraordinary ways to challenge the rulings of the courts, which, due to its exceptional nature, can be applied only in special cases. In French law, according to Article 593 of the Code of Civil Procedure, the purpose of Retrial is to deviate from a valid verdict in order to issue a new verdict in both the case and the verdict, and this only by the parties or persons in the verdict. Have been represented and can be requested and the applicant for Retrial must have all the parties to the requested vote take part in the dispute or it will not be admissible. In addition, the issue of Retrial in order to pay attention to the verdicts and pay attention to the evidence and content of the case in the courts of justice has resulted in the rights of victims and ultimately justice, and the right to a fair trial requires that the direction of Retrial be.

Proceedings of Retrial in criminal and civil cases are different, it means that in criminal matters only the convicted person, the prosecutor executing the sentence and the Attorney General of the country have the right to request the Retrial proceedings in civil matters according to articles 426 to 441 of the Iranian Civil Procedure Law; First of all, the reasons for requesting re-trail are the reasons listed in Article 426. Secondly, according to Article 441, no one except the plantiffe and their successor can request a Retrial. Thirdly, the request is limited by the deadline. Fourthly, unlike in criminal matters where the request is submitted to the court and the district court prescribes a Retrial, in legal matters the Retrial petition is submitted to the court that issued the final judgment and the court that issues an acceptance order and retail the proceedings. The legislator of Egypt has also recognized the Retrial of proceedings in criminal matters in articles 441 to 457 of the Egyptian Criminal Procedure Law and considers the purpose of the Retrial of proceedings in criminal matters to prevent the judge or the court from causing losses to the accused due to a mistake in issuing a sentence. Therefore, the request for Retrial by the public prosecutor's office is requested by the convicted person and in the case of the death of the convicted person by the wife or one of the relatives of the deceased, the Retrial in civil matters is considered by the Egyptian legislator from articles 241 to 247 of the civil procedure law, which is often with the prescribed directions