https://www.taxtmi.com/caselaws?id=287478 A Magistrate dealing with a maintenance petition under Section 125 CrPC has no inherent power to restore a petition dismissed for default or to recall a final disposal order unless the statute expressly permits it. The proceeding may be quasi-civil in character, but the Magistrate remains bound by the Code; once the petition is finally dismissed, the court becomes functus officio. Section 126(3) concerns costs and does not authorise restoration, and the bar on alteration or review of final orders prevents the Magistrate from setting aside the default order. The proper remedy for an aggrieved party is revision before the competent court. en-us Fri, 17 Oct 2003 00:00:00 +0530 Thu, 16 Apr 2020 09:31:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287478 A Magistrate dealing with a maintenance petition under Section 125 CrPC has no inherent power to restore a petition dismissed for default or to recall a final disposal order unless the statute expressly permits it. The proceeding may be quasi-civil in character, but the Magistrate remains bound by the Code; once the petition is finally dismissed, the court becomes functus officio. Section 126(3) concerns costs and does not authorise restoration, and the bar on alteration or review of final orders prevents the Magistrate from setting aside the default order. The proper remedy for an aggrieved party is revision before the competent court. Case-Laws Indian Laws Fri, 17 Oct 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287478