Setting Aside of Orders

It is not open either to parties to a lis or to any third parties, to determine at their own, that an order passed by a Court is valid or void. A party to the lis or a third party, who considers an order passed by a Court as void or non est, must approach a Court of competent jurisdiction, to have the said order set aside, on such grounds as may be available in law. However, till an order passed by a competent Court is set aside… the same would have the force of law… For us to conclude otherwise, may have disastrous consequences… every cantankerous and quarrelsome litigant would be entitled to canvass, that in his wisdom, the judicial order detrimental to his interests, was void, voidable, or patently erroneous. This course can never be permitted. We have not held, that a void order can be legitimized. What we have concluded is, that while an order passed by a Court subsists, the same is liable to be complied with, till it is set aside.”

Hon’ble Justice Jagdish Singh Khehar, Anita International v. Tungabadra Sugar Works Mazdoor Sangh, [Civil Appeal Nos. 6042-6048 of 2011].

Advertisements