Sachin Agarwal (Learner in Law) 31 August 2015

Can a mm / jmfc 'set aside' own orders - in dv case ? ?

In a suit of Domestic Violence, a "NO SAY ORDER" was passed by a MM / JMFC againt the complainant, after waiting for reply on an application for 9 months. On very next date this NO SAY ORDER was applied to be "SET ASIDE".

The questions are :

1. Can a Metro Politian Magistrate (MM) / Judicial Magistrate First Class (JMFC) SET ASIDE his own ordes.

2. Is the application to SET ASIDE own orders in same court not barred by sec 29 of DV act /

3. Is the application to SET ASIDE own orders in same court not barred by 363 Cr Pc ?

4. How inclined are courts to SET ASIDE their own well reasoned orders ?

5. Any tips on how to challange this application for SET ASIDE would be heartily welcome ?

regards,

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2 Replies

anil s. verma (lawyer) 31 August 2015

It is the principal of justice that audi alterem partem I.e.hear other side in your case in the interest of justice the contentions of other side should also be considered thus if the party at fault shows proper reasons for such fault every court is empowered to set aside such orders

T. Kalaiselvan, Advocate (Advocate) 05 September 2015

If a magistrate on receipt of an application from the aggrieved person or the respondent, is satisfied that there is change in the circumstance requiring alteration, modification or revocation of any order under this Act, he may, for reasons to be recorded in writing pass such order as he may deem appropriate. Therefore there is no legal infirmity in setting aside his own order.