How to seek clarification of order from high court
Tashi Norbu Basi
(Querist) 13 December 2012
This query is : Resolved
The situation is thus:-
Third party had filed objection against registration of lease deed. The lease deed was registered without hearing the third party. On complaint by the third party, the lease deed was deregistered. A writ for quashing deregistration order was filed by lessee. During hearing the High Court asked parties whether there was any objection if it quashed the deregistration order and also remitted the matter back to Registrar office with directions to hear the original objection against registration filed by the third party. This was agreeable to all parties and thus order was passed.
But in Registrar office a different interpretation of the High Court's order was submitted by the lessor and lessee. This was possible because the High Court's order was a bit cryptic. The Registrar's office also sided with their interpretation against the interpretation submitted by the third party.
My query. Based on these developments, can a petition be filed in the High Court for clarification of its order? And if so, under what provision can it be done?
Thank you for taking the time to read my query, and if you are replying, thank you for doing so.
Raj Kumar Makkad
(Expert) 13 December 2012
It shall be better to let the office of registrar pass order as per their own interpretation and then only bring the matter back to High Court by the affected third party rather at this stage to get clarification as generally the same is not done.
Devajyoti Barman
(Expert) 14 December 2012
If in the order of high court there is anomaly leading to two opinions on the same matter then you can always file application before the high court for clarification of ts order.
Raj Kumar Makkad
(Expert) 14 December 2012
*Barman! It would have been better, had you also mentioned the particular provision under which such applicationn can be got moved.
R.K Nanda
(Expert) 14 December 2012
file application in HC u/s 151 of CPC for
clarification of order.
ajay sethi
(Expert) 14 December 2012
it is necessary to go through the case papers to advise . the order passed by HC , registrar . let registrar pass order . then move HC again
Raj Kumar Makkad
(Expert) 14 December 2012
High court in the given case has already passed order and at the time of its interpretation, the dispute has arisen so what to do in the given case, this is what the querist asks.
Tashi Norbu Basi
(Querist) 14 December 2012
Makkad sir is right. I'll simplify the query.
I want clarification, from the High Court, of an order passed by it.
What provision of law do i need to follow to file an application for clarification?
I need to add that that the Registrar's office has already passed order concerning interpretation which he believes is the right one. So basically I will have to place this order before High Court and seek clarification.
Nanda sir's suggestion makes a lot of sense, and i thank him for it. But it's a general provision, though i'm sure i won't be erring if i use it, I wanted to know whether there is a specific provision for such a situation?
Thank you all for being selfless enough to take the time to respond to my query.
R.K Nanda
(Expert) 14 December 2012
no specific provision for it.
moreover, u r welcome.
