LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vipinfo   29 September 2018

Someone altered my high court order, please help!

We were fighting a suit for a land since 1980, and a lot of lower decisions came in our favor, opposition party reached out to high court to remand the case and reinitiate proceedings for which they got approval from high court, high court ordered lower courts to re-initiate trial.

We appealed in high court against this decision with proper reasons and documents and honourable high court gave decision in our favor and allowed our petition. This judgement stated that - 

"The petitioner/defendent/therefore, the rejection of the application under order 7 rule 11 of the c.p.c can be interfered with quesed. The suit is pending since 1980, trial court would endeavour to decide same expeditiously. The petition is finally allowed in above terms. No costs. Allowed Order"

but someone with the help of steno altered this order and made it like -

"The petitioner/defendent/therefore, the rejection of the application under order 7 rule 11 of the c.p.c can NOT be interfered with. The suit is pending since 1980, trial court would endeavour to decide same expeditiously. The petition is disposed of finally in above terms. No costs. Disposed of Order"

1) They added not after word "can" as underlined
2) Removed word queshed from the original order

3) Replaced allowed with disposed of as underlined

4)Replaced allowed order with Disposed of Order as underlined.

This changed the whole meaning of order which resulted the trial court reinitiate proceedings fresh, we are deeply saddened by this, when we tried to get a copy of register where judge writes the judgement in short note, it states our petition is allowed but the order was changed with mischievious intentions with help of stenographer and order now stated the petition is disposed of. Please help what can be done. Thanks



Learning

 7 Replies


(Guest)

File a Complaint in detail with all proofs and evidences to the concerned  Court's Registrar  immediately and take the acknowledgement. It is a serious offence and certainly the Registrar would do the needful. Presently the Court Orders are available in Court Web Site also which can not be tampered so easily.

vipinfo   29 September 2018

Mr. Rajkumar ji thank you so much for taking time and replying. I have tried searching it on website, the case status is coming but no pdf under judgement/orders section of high court website.

What proof can we submit, we only have copy of register where judge writes in short as mentioned, please guide me.

Shankar Shetty (Practicing Advocate)     29 September 2018

Originally posted by : vipinfo
We were fighting a suit for a land since 1980, and a lot of lower decisions came in our favor, opposition party reached out to high court to remand the case and reinitiate proceedings for which they got approval from high court, high court ordered lower courts to re-initiate trial.

We appealed in high court against this decision with proper reasons and documents and honourable high court gave decision in our favor and allowed our petition. This judgement stated that - 

"The petitioner/defendent/therefore, the rejection of the application under order 7 rule 11 of the c.p.c can be interfered with quesed. The suit is pending since 1980, trial court would endeavour to decide same expeditiously. The petition is finally allowed in above terms. No costs. Allowed Order"

but someone with the help of steno altered this order and made it like -

"The petitioner/defendent/therefore, the rejection of the application under order 7 rule 11 of the c.p.c can NOT be interfered with. The suit is pending since 1980, trial court would endeavour to decide same expeditiously. The petition is disposed of finally in above terms. No costs. Disposed of Order"

1) They added not after word "can" as underlined
2) Removed word queshed from the original order

3) Replaced allowed with disposed of as underlined

4)Replaced allowed order with Disposed of Order as underlined.

This changed the whole meaning of order which resulted the trial court reinitiate proceedings fresh, we are deeply saddened by this, when we tried to get a copy of register where judge writes the judgement in short note, it states our petition is allowed but the order was changed with mischievious intentions with help of stenographer and order now stated the petition is disposed of. Please help what can be done. Thanks

That has been changed by judge himself.

It is not wrong.   Until you have the order copy in hand you never cant say.  You can only go for appeal.  The above advice of NJS Rajakumara is wrong.

Complaining to Registrar wont do any good.  You can go for appeal.  If you check what is on the internet, that copy of the order is the real one. If the internet copy says what you said, then only registrar can help.  Anyhow the registrar will ask you to go for appeal.  Take my word.

vipinfo   29 September 2018

Internet copy is not available, seems judgement has not been uploaded on internet on our case. Where can we go for appeal? Isnt their a way to teach them a lesson of this fraud?

And it was not changed by judge because the note mentioned by judge itself says the petition was allowed but order says disposed of. Also we had a word with steno when we raised this question, steno was kind of hesitating and said it was his typing mistake and since the order has been made public so we cant do anything.

N.K.Assumi (Advocate)     30 September 2018

Shankar Shetty, is right. The Judge order has been tempered intentionally and there is no two views about it. As mentioned by NJS Raj Kumar, it is a serious offence as the modification on the documents was made from the custody of the court, and we do not know how much of such temperament of judgments of the courts are going on in the country by changing the entire picture of the judgment with just a few words.I am of the view that you file a complaint before the concerned Judge.


(Guest)

Normally the Honourable Judges could take their own time in drafting and completing the judgenent and no pressure should be made on them since  it might create un necessary complications. In a very friendly and pleasant manner check with the concerned Court's Bench Clerk regarding the status of your orders before or after Court hours, Please do not be in hurry and hasty.

N.K.Assumi (Advocate)     01 October 2018

N.J.S.Rajkumar Sir, it is very clear that the judgment was tempered from the custody of the court itself, and this is certainly a devilish work with a design to deviate from the natural work of the learned judge, and in our profession there is no greater crime than such acts, which is the handy work of the court staff itself. Such acts  should be dealt with in a befitting manner including disciplinary action by the High Court.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading