Can trial court (like district and session court) can recall /quash/review/ it own erroneous order
lissing perme
(Querist) 29 September 2012
This query is : Resolved
Respected Experts,
Facts of the case is that District and Session Court passed a order which is erroneous.Later occasion the aggrieved party find out a Supreme Court ruling which consonance that, that order was erroneous but at the time when the judgment was found the limitation period already over.
So, what is the best possible remedies in above fact and circumstances?
Do District and Session Court has power to recall and review it erroneous order after the period of limitation period ??
Please give guidance with specifying the relevant law or High Court and Supreme Court ruling.
R.K Nanda
(Expert) 29 September 2012
file review petition in same court to review
its order.
Rajeev Kumar
(Expert) 29 September 2012
You should file review petition in same court.
ajay sethi
(Expert) 29 September 2012
agree with experts
Raj Kumar Makkad
(Expert) 30 September 2012
This is not a big problem. Law of limitation is very liberal. First of all limitation is condoned if the reason mentioned in the application seeking condonation of delay is plausible. The approach of the courts is that the valuable rights of the parties should not be denied to them merely on technical grounds like limitation etc.
Now come to main aspect of your query. If the order is interim then the trial court can definitely re-call its own order but it the case finally been decided then the only remedy remains is to file its revision before the Revisional Court under the relevant provisions of section 397 to 401 of Criminal Procedure Code.
