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(Querist) 13 September 2012 This query is : Resolved 
specific performance decreed by sc. it is in the execution court to detail out the
niceties of execution of the sale deed in favor of the appellant in terms of
the agreement .in the execution court in his first order the adj gave order that two thing are left that is sale deed execution and transfer of the possession of the disputed land ,the respondent could file objections to the draft petition we have submitted.after the objections given adj gave order to amend to specific points.we submitted the deed with the changes ordered.in the next hearing we came to know that without the presence of over lawyer the adj again took objection application and again passed new order reviewing his own order without any review petition by the respondents.these changes suggested to incorporate were never discussed in higher courts and will inversely effect over ownership.
my query is:
a)can the judge change his order without review petition .
b)can any number of times the objection be taken ,new order given and changes made.

if not then please give citation as we are going for review petition against the the order witch my lawyer thinks is invalid passed without review petition,
Kiran Kumar (Expert) 14 September 2012
Objections applications cannot be filed again and again.

if the objections are frivolous then these can be dismissed inliminie i.e. without framing any issue.

if the Ld. Executing Court is making any illegality then file an appeal against the said orders.
Jeevesh (Expert) 15 September 2012
Answer to your respetcive queries is as follows: -

(a) A court cannot review its order on its own without any application being made to it by aggrieved person. It can review its order only to the extent of correcting any arithmetical or grammatical error.

(b) When an application has been decided, no new application can be moved on the same subject as the principle of res judicata u/s 11 CPC bars the agitation of same issue again and again before same court once it has been decided.
M V Gupta (Expert) 15 September 2012
I agree with the above views. You should file an appeal against the second order passed by the ADJ.


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