Correcting orders
Thyagarajan
(Querist) 20 November 2010
This query is : Resolved
Der Members,
Can any member advise me whether there is a section in IPC as in Cr.pc sec 362 that says
362. Court not to alter judgment. Save as otherwise provided by this Code or by any other law for the time being in force, no court when it has signed its judgment or final order disposing of a case, shall after or review the same except to correct a clerical or arithmetical error.
Is the above stands good for civil court as well
Regards
RT
ashish lal
(Expert) 20 November 2010
Yes Kindly see Order 20 Rule 3 CPC
Thyagarajan
(Querist) 20 November 2010
Dear Members,
Thanks for prompt opinions. I see conditions imposed in Cr.pc 362 are more stringent as it says no alterations are allowed in judgment or final orders. Every adjournment in Apex court is taken as orders of the day or interim orders. Though I do not about high court in consumer courts and magistrate courts if I am heard in open court either for admission of my petition or on results on arguments, the court asks me to call on definite date for orders. Thus if the court finds my petition is admissible on maintainability reserves the case and pronounces orders to issue notice to respondents. As per your experts view, once a notice is issued on a later date the court can not on any grounds review the admissibility again. Order 20 Rule 3 of CPC , as for Madras High Court is more or less same.
The view of you all will be helpful to me to put an appeal in my case as a new judge who took the bench differed on admissibility even though notice was served by his predecessor.
regards
R.Ramachandran
(Expert) 21 November 2010
Dear Mr. Thyagarajan,
I think you are confusing with Judgement/Final Order with other orders. In your case what I find is that it is interim orders posting the case from one date to another and on one fine morning ordering issuing of notice. This is perfectly ok. The very fact that notice is being issued only shows that the case has not been admitted, unless the notice in question is directing the respondent to comply with something else. If the earlier notice has not been properly served, issue of a fresh notice by the court is justified. If you want a proper answer, it would be advisable for you to first put the facts (rather than your understanding or your own view in the legal matter), and then ask your relevant question. What you have done here is, first you asked for a legal proposition, and then you are trying to fit in your case into that legal proposition. Rather it should be you should reveal your facts and then ask for the question. Till such time, you will only be wandering in the wonderland.
Thyagarajan
(Querist) 21 November 2010
Dear R.Ramachandran,
Facts of my case is put in this site under New Judge Role by me asking for expert opinion. You can have a view.
For sections under CPC i again put in site under Correcting orders
With members of the club in easy reach on site for me guards me on wandering in wonderland
Regards
RT
R.Ramachandran
(Expert) 21 November 2010
Dear Mr. Thyagarajan,
If you go on open new threads, please do not expect the lawyers in this Forum to link up each of your earlier threads and to answer your latest query. It is for you to observe some discipline and to post in the same thread any of your subsequent queries, so that it would be easy and possible for the lawyers to go through the contents and to give their views. The choice is yours.
Thyagarajan
(Querist) 30 November 2010
Dear Members
Consumer forums are following rules and orders of CPC 1908 and CP Act 1986 for all proceedings
Order XX Rule 3 says The judgment shall be dated and signed by the Judge in open Court at the time of pronouncing it and, when once signed, shall not afterwards be altered or added, to save as provided by section 152 or on review.
Sec 152 Amendment of judgments, decrees or orders.
Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.
CP Act 1986 13.(3) No proceedings complying with the procedure laid down in sub¬sections [1] and [2] shall be called in question in any court on the ground that the principles of natural justice have not been complied
In my case the president of the forum had issued after hearing my case in open court an order that my case is admitted.
Before the case came to final stage the president retired .Against the above rules the new president of the forum had reopened the case that was set for final orders on his own motion suo motto and dismissed my petition on maintainability question. Thus he had set aside not only the order of the previous president to issue notice to opposite parties but also decided against issue of final order on merits.
My special thanks to Mr.Ashish
