Amendment of Order passed by the same court

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This topic contains 2 replies, has 3 voices, and was last updated by Pulkit Srivastava Pulkit Srivastava 3 weeks, 1 day ago.

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  • #1149

    Harbans Garg
    Participant

    Sir,
    Consequent upon settlement arrived between me and wife in H/C mediation centre,fir u/s498a was quashed by H/C.There was a clause in mutually arrived settlement that a property in joint names of husband & wife is to be transferred in the name of respondent wife by petioner husband and the transfer expenses will be borne by respondent wife.The settlement deed had also been attached with the quashing petition.But while passing the quashing order,H/C judge mentioned that transfer expenses would be borne by petitioner which means husband.(may be through oversight or clerical mistake).Can this Order may be amended,if so what is the process as it may cause considerable loss to me.

    Thanks

  • #1150

    It should be possible to do it. You may file a review petition and request the high court to pass revised order in view of the fact that there is an error apparent on the face of the record.

  • #1158
    Pulkit Srivastava
    Pulkit Srivastava
    Participant

    In this regard, if the error so pointed out by you is arithmetical or clerical, the same can be rectified by invoking Section 362 of the Code of Criminal Procedure, 1973. The said provision is reproduced here-in-below for your kind perusal:

    “362. Court not to alter judgment.
    Save as otherwise provided by this Code or by any other law for the time being in force, no Court when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.”

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