uncomplete judgement

Querist : Anonymous (Querist) 19 December 2010 This query is : Resolved
Dear All,
A Judgement related with the rent control was passed in our (petitioner)favour as the Lower Court directed tenant(respodent) to deposit the arrears of rent and rent within 30 days of the order but the tenant could not deposit the rent in time and deposited the same after 37 days i.e.delayed by 07 days. Our lawyer filed an application stating non-compliance of the court order and an eviction order should be passed in our favour and the benefit of 14(i)and 15(1)should not be granted to the tenant as he has failed to deposit the rent in time hence an eviction order should be passed in our favour.The lower court found that the tenant has not compliance its order for depositing the rent and entire arrears in 30 days and an eviction order was passed in our favour.But now in appeal by the tenant the rent control tribunal has pointed out that the judgement is not so clear as the lower court judge has forgot to print one paragraph about the modifcation of its earlier order of depositing the rent and about the article 15(1). The tribunal court further says the judgement has not directed the tenant to deposit the rent as per 15(1)hence the tenant is not late in depositing the rent. Our lawyer pointed out that the application filed by us clearly says about the non-payment 14(1) and 15(1)delay of rent article of the Delhi rent control act and there was an arguement also took place in the court and on that basis only the lower court decided the matter and passed an eviction order stating non comliance of the court order by the tenant. Now on request by our lawyer the tribunal court has given us a time of 25 days to file a proof of any court order in which the direction is not clear. If you could please help us by giving us the few reference of such cases in which the judge has forgot to print the complete order and the same order has been honoured by the higher court.
Regards

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s.subramanian (Expert) 19 December 2010
Obviously the tenant is taking an undue advantage of the mistake in the order of the lower court under Sec.15(1). When there is such an error,you cannot support the same on any ground. You can consent to a remand of the matter to the lower court for correcting such a mistake. It will save a lot of time.

Kirti Kar Tripathi (Expert) 19 December 2010
YES, YOU CAN REQUEST THE TRIBUNAL TO REMAND THE CASE REMOVING UNAMBIGUITY IN THE JUDGMENT.

Pritam Saini, Advocate (Expert) 22 December 2010
you can filed an application under section 151,152, 153 cpc for correction in judgment in lower court and in your support can show interm order passed on application.

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