Anil (salesman) 26 May 2013

Can new judge cancel the order

Hello advosors

my divorce case is running in family court where judge has ordered xyz in favour of me but could not be implemented due to not available of time to hear by judge Now for nearly seven times i went to court on alloted date but judge has shown that unable to hear proceedings because of not available of time. Now because the judge has gone for leave after 2 and half month prior to he has made order, new judge came after six months and started hearing now the opposition advocate has made objection for the previous judges decision in the same court and still my advocate is fighting for that, We have took the photocopy of the order which previous judge made FROM THE COURT

I want to ask can this possible new judge can cancel the order of previous judge ? or can change the order.

plz advice me

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2 Replies

(Guest)

@Querist,

1.It seems to me that the order passed was an interlocutory order and not final one.

2.If 1 is true,the new judge(As you referred in your query) can reverse/cancel the judgement in interest of justice in good faith.

3.You keep patience and try to convice the new judge in reference to context as to why to keep the previous judgement intact.

Further,

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Hemang (Advocate) 26 May 2013

Upon presentation of the case, the Court would pass appropriate order. And whenever, an interim application is made, the Court would be passing an interim order, without deciding the same on merits. The interim applications are required to be disposed of. And when the interim application is disposed of ex parte in the absnece of another party, the Court may upon an application for review pass such order as he may deem fit and proper in the facts and circumstances of the case. Similarly, when the Court determines the issues and decide the issues on merits and pronounces the judgment ex parte, the matter may be re-reard and can be decide a fresh on review. However, one has to consider as to whether the power to review is provided under the statute, when impeaching the judgment arrieved on merits.

Since, the contentions raised in your querry are somewthat vague, it may not be possible for us to provide the perfect guidance after taking into consideration the provisions of law.