wrong order passed by judge, what can I do


Learned judge in matter has passed an order on a certain date. The issue is that judge has shown presence of both petitioner & respondent along with their counsels. Th Judge has also used the phrase "announced in the open court " in the order. But on that particular date no counsels from either side were present & even the judge didn't come to the courtroom, so there was no hearing on that patcular date. How to proceed in such a scaenario ??

Answers (3)


54 votes

This is very unfortunate situation my only question is what is your grievance with the order. These are only technicalities which you have mentioned once your grievances with respect to order is placed then we can suggest you whether u can further challenge it or not.


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135 votes

You may file a writ of certiorari in the high court stating the exact facts and circumstances and prove the same with any evidence possible. You must do this as soon as possible.

Hope this was helpful

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195 votes

File an appeal before the appellate authority against the said order of the judge and cite the non presence of parties and counsels and judge himself as one of grounds of appeal before the appellate authority and other grounds on the basis of the facts and circumstances of the case should also be cited along with grounds of non - presence. The appeal must be filed before completion of limitation period.

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