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Mohammad Akhtar (Manager)     24 April 2012

Crpc: can civiljudge change his order of case he disposed?

Dear Respected Lawyers, High court of Gujarat quashed FIR as well as Charge sheet of the case filled under 498a,323 and 114. On the basis of the High Court order , Civil court disposes the case, after receiving the review petition filled by complainant in High court, High Court changes decision and directs civil court to have trial against the person who is been charge sheeted.Now can Civil Judge can reopen the same case which he has already disposed ? As per advise from some lawyer there is no provision in CRPC that the Civil court Judge can not  change his decission under any circumtances.. Please advise
 

   


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 3 Replies

N.K.Assumi (Advocate)     24 April 2012

So far legal position is concerned, there would hardly be any doubt about the proposition that in terms of Section 152 C.P.C., and similar provisions in CrPc, any error occurred in the decree on account of arithmetical or clerical error or accidental slip may be rectified by the court. The principle behind the provision is that no party should suffer due to mistake of the court and whatever is intended by the court while passing the order or decree must be properly reflected therein, otherwise it would only be destructive to the principle of advancing the cause of justice. In your case there appears to be change of circumstances, as per the directives of the High court, as such the court should proceed with the change of circumstances, as if trying a new case.

N.K.Assumi (Advocate)     24 April 2012

So far legal position is concerned, there would hardly be any doubt about the proposition that in terms of Section 152 C.P.C. as well as similar provisions exists in CrPc,  any error occurred in the decree on account of arithmetical or clerical error or accidental slip may be rectified by the court. The principle behind the provision is that no party should suffer due to mistake of the court and whatever is intended by the court while passing the order or decree must be properly reflected therein, otherwise it would only be destructive to the principle of advancing the cause of justice. But in your case the facts does not reveal technical error as enumerated above. However, Civil Judge disposing off the case would invite the doctrine of Res Judicata under section 11 of the CPC as the Judge becomes functus officio. At the most he can submit the case records to the High court for proper orders.

Mohammad Akhtar (Manager)     26 April 2012

Dear Sir, Thank you for the advise.. But still I have a confusion.

High court Judge has already ordered, the civil court receives the order, disposes the case.

Then Complanant apply for revision petiton to the same judge of High Court who had ordered earlier.

My question is that the complainant  should apply for the revision petetion to higher bench of high court not the same judge who has passed the ordered.

In my case the High court (same) judge receives the revision petition and changes his order.

Should I apply to the Higher bench of High Court.???


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