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jagdish   30 March 2023

How to correct errors in hearing order?

We have filed application to add another party but the ordersheet states we have filed application to withdraw the case.

It seems u can file an application to recall/correct an order within 30 days.

1.Under what CPC rule should this application be filed?

2.How to file it since the next hearing is two months away and so the 30 day period will lapse?

Should it be filed with registrar?



 8 Replies

Real Soul.... (LEGAL)     30 March 2023

Just file the application under Sec - 151 CPC  to let the court correct the order.

RAKESH ISHI   30 March 2023

if there is an error in the ordersheet of your case, you can file an application to recall/correct the order within 30 days under Order 47 Rule 1 of the Civil Procedure Code. It is advisable to file the application as soon as possible and serve a copy to all parties in the case.

N.K.Assumi (Advocate)     30 March 2023

Adding additional party as a party in the case, and withdrawal of case are two different distinct matters. Better to clarify the order first from the court itself.

Shashi Dhara   30 March 2023

To amend judgement ,decree ,orders 152 s of CPC.

N.K.Assumi (Advocate)     30 March 2023

I am of the view that this is minor mistakes of inconsequential import with mere possibility of two views on the subject, that is adding party or for the withdrawal of the case. 

Shashi Dhara   30 March 2023

Bring to knowledge of court ,court will rectify it.

jagdish   02 April 2023

Since next  hearing is more then 30 days how to approach court? Should we just file application with registrar?

T. Kalaiselvan, Advocate (Advocate)     03 April 2023

You can file an IA for hearing advance to advance the hearing from the next date to current date with an affidavit explaining and affirming the reasons that you rely upon to advance the hearing date.

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