New Judge' role in bench
Thyagarajan
(Querist) 17 October 2010
This query is : Resolved
In a case of mine, appearing in person, in a consumer forum, the President of the bench had set a date for me to explain how my petition should be allowed in open court. I had faced queries orally as well as in writing during the hearing. The president wanted me to file a precedent case that I had quoted. After a month of study of documents the forum ordered notice to be served to the respondent.
It happened that the opposite parity did not turn up before the forum and file any counter. The case was set ex-party and I was asked to file a proof affidavit on allegation made in the complaint. I complied. I gave my written as well as oral arguments. The case was adjourned for couple hearings for perusal of documents. It happened that the President’s term of office ended before the court staff gave clearance on perusal of documents but not the other two members. The new president took note of the report of the clearance on documents given by the court staff and set a date for orders.
But the new president sumoto reopened the case for clarification and on the date of hearing he asked about the precedent case quoted. I had advised him at the time of admission on a direction given by the then judge I filed the entire judgment of the precedent case but in poof affidavit I had given only copy of the relent pages. The case was set for orders.
What worries me is when based on the cognizance of deficiency of service noticed on the part of opposite party the court had ordered notice to be served can the new judge think the opposite? Also the other two members being present in the old bench are still there and on their concurrence notice was served will the new judge’s opinion matter when the majority opinion matters?
Devajyoti Barman
(Expert) 17 October 2010
Though it is the order of the majority which prevails but among the view of the majority the President must have to be there. In other words bypassing the President the other two members can not pass the judgement. It is another judicial practice that if an new judge takes over who did not hear the argument will press for hearing of the argument afresh.
Thyagarajan
(Querist) 17 October 2010
Thanks for your clarification. I understand the difference in constitution of the bench in high court and that in consumer forum. In high courts there is nothing like a president. However there is no mention in any clause in the consumer protection act that the president’s consent is a must. Also in state commission of madras the president utilizing his powers to constitute a bench with out him allows judgments passed though he is not on leave but busy on other assignments. That is why the query was raised.
I do agree that president (new one) is entailed to hear the arguments. He did hear my oral arguments but it was he who jumped to the prayer for clarification in my petition and wanted to cut short four pages of arguments that I was making. Possibly on second thought he wanted from the horse mouth what is the precedent case instead of asking members who already heard it. I did tell him the full judgment is filed at admission stage and relevant pages that supported my case are filed in proof affidavit. He set a date for orders after that.
But the filling of the precedent case explaining of the same was in the admission stage after which notice was served and my worry is can the new judge over rule that and dismiss my case as though the case is not maintainable and notice should not have been served? The case is set for orders on 2nd Nov 2010. Is it worth while before the set date ask the president in open court whether the sumoto reopening was for deciding the admission or otherwise?
Advocate. Arunagiri
(Expert) 22 October 2010
Dont worry your case was already admitted.
The president reopened the case only for hearing the arguments. The citation what you have given earlier may be needed for deciding the case after the argument. At this stage the case is going to be decided on merits.
Thyagarajan
(Querist) 22 October 2010
Dear Arunagiri
Your reply gives me relief. The order going to be ex-party and with no contest on proof affidavit I filed the bench will only shield itself on granting me relief as prayed by me to an extent found reasonable on merit. Thanks again.
Thyagarajan
(Querist) 03 November 2010
Dear Members,
As I feared the new Judge had sumotto reopened the case to decide on the admissibility of my complaint and had dismissed my petition in difference of opinion with his predecessor that the case was not admissible before the forum. I propose to appeal to state forum. What stand will the State Forum president take? Will he act like a third Judge to give opinion?
Advocate. Arunagiri
(Expert) 03 November 2010
Please give me the case number and court details, if it is in TN/Chennai I can help you.
R.Ramachandran
(Expert) 03 November 2010
Dear Mr. Thyagarajan,
It will all depend upon the appreciation of the pleadings. Therefore it would not be correct to predict / speculate as to how the matter will be decided by the President of the State Forum. You better wait and watch.
Thyagarajan
(Querist) 03 November 2010
Dear Arunagiri,
The case ref is cc1028/2009 in District consumer forum south. The judgment is yet to appear in confonet website as the order was passed on 2/11/10 only.
I was not thinking that the new judge is going to dig in to admission factor as I would have gone prepared for the same.
once i draft my appeal i will send e-mail if you do not mind passing yr e-mail address to me.
Regards
Advocate. Arunagiri
(Expert) 06 November 2010
Mr.Thyagarajan, please note my email id is veluarun@yahoo.com. Still I can say that your case is admitted. Normaly the cases will be posted before the forum, for maintainability even before numbering the same. Once it is posted before the forum for maintainability and got numbered, the same indicates that your case is admitted. Any how I can form a complete opinion only on seeing the complete case documents. I am waiting for your mail.
Thyagarajan
(Querist) 06 November 2010
Rear Arunagiri,
Pls send a mail to my address thyagarajan.ramachandran07@gmail.com. i will reply with documents.
when i tried to send e-mail to u i got a prompt to chk e-mail arress.
Regards
Thyagarajan
(Querist) 06 November 2010
Dear Arunagiri
my e-mail address thyagarajan.ramachandran06@gmail.com
Thyagarajan
(Querist) 23 November 2010
Dear Members
Can some member tell me a previous case in which a supreme court/superior court had ruled out that the courts can not review an admission order passed by them on a litigation?
Thyagarajan
(Querist) 25 November 2010
I have found a case 1/2008 in which State Consumer forum tamilnadu had expressed its view on ex-party cases. I am giving the final finding of the forum below
The District Forum has got power to set aside the exparte order setting the opposite party exparte. If a final order is passed on merits, the District Forum has no power to set aside the said decision which is passed on merits. Can we also derive the following from the order
The District Forum has got power to set aside the exparte order setting the opposite party exparte. If a final order is (to be ) passed on merits, the District Forum has no power to set aside the said decision which is (to be) passed on merits (or can suomotto reopen for any reason) The words in brackets are my additions.
