{Balu manikantan} SUBRAMANYAM (Practising Advocate) 13 July 2017

Inconsistency in order made in open court and order copy

THE ORDER PRONOUNCED IN THE OPEN COURT IS SLIGHTLY DIFFERENT AS THERE IS AN INCONSISTENCY IN THE MONETARY VALUE OF THE ORDER.

CAN WE GO FOR AN APPEAL OR BRING IT TO THE NOTICE OF THE JUDGE BY FILING A MEMO / REPRESENTATION TO CORRECT THE ERROR BY STATING THAT IT COULD BE A TYPOGRAPHICAL ERROR AND TO VERIFY IT.

PLEASE SUGGEST ME THE REMEDY.SUGGESTIONS ARE HIGLY APPRECIATED.

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4 Replies

(Guest)

YOU CAN GO FOR APPEAL IN APPELLATE COURT.

YOU CAN ASK THE JUDGE TO CHANGE THE ORDER, AND SEE IF HE DOES.

IF HE DOES NOT THEN YOU CAN CRY FOUL, AND APPROACH APPELLATE JURISDICTION COURT.

Rajendra K Goyal (Advocate) 13 July 2017

You can go for appeal within the prescribed time.

Siddharth Srivastava (Advocate) 13 July 2017

You may bring this fact to the notice of Judge. Raising this issue in appeal would not serve your purpose.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 July 2017

It is no doubt true that in appropriate cases, the Court may pass an order ex debito justitiae by correcting mistakes in the judgment but inherent power of the Court can be exercised only when there does not exist any other provision in that behalf.