Final operative order vs final judgment & order
Damayanti
(Querist) 07 July 2014
This query is : Resolved
Final Operative Order vs Final Judgment & Order.
Does Final Operative Order get separate Exh. no.? like the final judgment & Order?
Operative order has not been alloted any exh no. then where does it go?
It wasn't attached to main petition and also there is no mention as to the operative order into the roznama!!!!
hence it is NOT supplied along with certified copy of main petition!!!!
Operative order says ... "no orders as to costs"
Detailed order slaps "the cost to opposite party"..... which one to be taken as true?
If dates are different for the above two then which one is true as to cost?
since it was misc petition decree would not be drawn.
please help . what is correct procedure?
Devajyoti Barman
(Expert) 08 July 2014
Final judgement and order is one and in separable.
Operative portion remains in the same judgment and order.
I am not clear what exactly happened in your case.
Rajendra K Goyal
(Expert) 08 July 2014
Consult local lawyer and show him all the papers.
Damayanti
(Querist) 08 July 2014
on the date when matter was posted for final judgment & order, judge called the names of parties and told that 'XXX application is rejected." and said detailed judgement is dictated in chamber and is being typed.
later in the day, Court showed to the parties a 1 page operative Order & judgement comprising of only 2 lines.
1. Misc App. is rejected
2. No order as to costs.
After almost 3 weeks parties got the glimpse of the final judgment & Order but the date of pronouncement of judgment and order (the detailed one) is latter/next day than that on operative order made (it is a mistake? should it be the same day?)
As mentioned before costs Rs 10k awarded in favour of respondent !!!
Petitioner then enquired about operative Order which is lying on case file.
Petitioner then also obtained certified copy of Exhibit No. 1 and final judgment & order etc. but operative order is not attached neither to Exh.1 nor to final judgment.
We have no reason to worry .............. as costs are awarded in our favour in detailed judgment, but it also true that operative order does mention 'no order as to costs'.
Now the Petitioner (opposite party to us) explicitly asked for certified copy of operative order but there is no Exh number assigned to it,
Nazar section first declined the request to issue copy of that operative order, but later did issue the certified copy.
So which entry ought to be corrected? vide S.152 of CPC.
So ..... what was the correct procedure?
please advise
Damayanti
(Querist) 08 July 2014
We would ask to correct the operative order ............and opposite party would demand to correct the detailed judgement & order obviously.
R.K Nanda
(Expert) 08 July 2014
consult local lawyer.
V R SHROFF
(Expert) 08 July 2014
demand order below Ex- i.e. Appli
r u learning law or practising, or fighting in person for last 3 yrs????
T. Kalaiselvan, Advocate
(Expert) 08 July 2014
It is better to contact the steno who typed out the order by building a personal rapport with him. He will be the better person to guide you proceed properly in this regard,such things are incidental hence the lawyers may not be able to predict correct issue as per law.
