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cyberlawyer (barrister)     04 August 2010

setting aside order by same judge



Can a judge set aside an order passed by him ?  I know that this is possible in dismissal and exparte order. But in my client’s case, the appointment of advocate commissioner was allowed on merits and subsequently the respondent has filed a petition to set aside the order which allowed advt. commissioner appointment. The set aside petition filed by the Respondent  was allowed because of the delay in filing counter by us.


Actually in this situation the Judge should not order notice and dismiss the petition, right ?? Also Please provide me any citations in this regard


THanx in advance

 6 Replies

harsh asthana (advocate)     04 August 2010

There are very few grounds on which a judge can set aside its orders If you can specify that the court is supreme court or High court your question can be answered in a better manner

N.K.Assumi (Advocate)     06 August 2010

I am of the view that once the Judge signed the Judgment he can not change or modified his own judgment. He has to submit it to the High Court for any change in his judgment.

SANJEEB PADHI (ADVOCATE)     07 August 2010

Otherwise called "Review" Of an Order/Judgement which power is very limited & specific to the extent that only when there is/are mistakes(typographic or arithmatic) aparent on the face of the judgment/order.

Pvt_RajKing (Private)     08 August 2010

It seems like that the appointment of the commissioner was during the proceding and I am not sure if that can be considered as an order legally.... He may have lot of lattidude to change such permissions in the interest of fairness and procedure.... Perhaps u should file a petition to reappoint the commissioner with appropriate grounds and see how the judge responds.... If you can prove that the decision he took or will take against your new petition then you can always appeal against it... but if you do that you may have solid gorund to do so....

Pvt_RajKing (Private)     08 August 2010

I meant "If you can prove that the decision he took or will take against your new petition is arbitrary then"

cyberlawyer (barrister)     09 August 2010

Its neither a high court nor a supreme court...  Its just civil court... Its  a partition suit and preliminary decree has been already passed. Now we have filed petition for final decree and app. of commissioner. Initially the petition was allowed on merits.

Moreover the defendant has been set exparte in the intial stage of the suit itself. Now he files vakalath and comes to object the appoint of comm and thereafter files set aside application of the comm. app. even without set asiding the exparte decree passed against him. Can this be possible ??.

CPC says that judge can appoint fresh commissioner only after perusing commissioner's report. So the basis itself is the report of the comm. only. If the oponent has failed to object commissioner's report then he is barred to make any objection via appeal.. In the absence of any provision to set aside commissioner appointment, there is no reason to allow the set aside petition just for the sole reason being delay in filing counter... And moreover the objection for appointment of comm. has already been made in the counter filed by the other side. So the petiiton was allowed on merits.

I Suspect that the judge is biased.




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