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krishna dasani (Advocate)     14 July 2012

Status of a judgement

what is the status of a judgement that is delivered on a petition and later withdrawn... 

came acrss this practical difficulty while working on a case...

give your feedback please!!



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     14 July 2012

kindly attach copy or detail of the judgement.

however in such case that jujgement automatically amounts as standby jujgement which can not be complete.

surjit singh (Assistant)     14 July 2012

There is two thing one if the judgement is passed and thereafter the petition is withdrawn in that case, generally a  petition cannot be withdrawn, if at all the petition is withdrawn it must have been withdrawn with the permission of the court. Now the question is why the court allowed the petition to be withdrawn and while allowing the withdrawn of the petition there must be a order and in that order what will be the value of the judgement already passed much have been reflected. As Mr Thakur says the picture will be clear only when both the Judgement and the order of the withdrawal is seen.

Tajobsindia (Senior Partner )     15 July 2012

@ Author,

 


1
.
There are only two views possible to your question;

 


View one -
That means the judgment has been entered and stands. But the party can report to the Court that “the judgment has been satisfied” which will take it off the open books.

View two - If you are representing a party, you can file a motion with the Court to 'vacate the finding' in order to nullify the Judgment.


In my opinion your facts smells of a petition where Judgment has been entered by 'default'.


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