Appointment of comissioner

Adv M.D.Azhar (Querist) 28 July 2014 This query is : Resolved
sir if application or the appointment of comissioner is not given under o.26.r.9 of c.p.c. but given wrongly u.p. o.26.r.7 of c.p.c. and during the submission he did not clarifed that such provision mentioned wrongly in the application. yet court allowed application u. o.26.r.9 so weather such kind of order can be passed by the court?

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Devajyoti Barman (Expert) 28 July 2014
Quoting of wrong section or Order is never damaging. It is prayer of the application which alone counts.
The order is very much legal.

R.K Nanda (Expert) 28 July 2014
yes, court can pass said order.

Rajendra K Goyal (Expert) 28 July 2014
Court can pass such orders. Agree with the experts.

Adv M.D.Azhar (Querist) 28 July 2014
thanks for the repy

R.K Nanda (Expert) 28 July 2014
ur welcome.

Devajyoti Barman (Expert) 28 July 2014
You are welcome..........

T. Kalaiselvan, Advocate Online

(Expert) 29 July 2014
Quoting of wrong section cannot be a great defect in the application except the prayer seeking the relief.

Dr J C Vashista (Expert) 29 July 2014
Mentioning wrong provision do not change the character of application/prayer and order.

T. Kalaiselvan, Advocate Online

(Expert) 31 July 2014
You are welcome for your appreciations.

Advocate. Arunagiri (Expert) 31 July 2014
Quoting a wrong section will not invalidate the petition.

Biswanath Roy (Expert) 04 August 2014
If you are aggrieved you may file REVIEW petition for rectification/removal of the defect/mistake apparent in records.

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