Here the Section of Law is different.
Querist :
Anonymous
(Querist) 06 January 2010
This query is : Resolved
Dear Experts,
I want to clarify the doubt from you for that i am giving the same in an Example:-
I approached a court for a specific relief on the basis of a document namely “Exhibit A1’ and filed a petition u/s 123 of an Act. But actually the said petition has to be filed u/s 456 of the Act. Any how the court has passed appropriate orders as prayed for and considered my petition according to u/s 456 of the act voluntarily.
So is it permissible/acceptable in case of appeal, by other side.
Srinath Kondapally
(Expert) 06 January 2010
examples,assumptions and presumptions always will not give correct opinion and correct results for any query, until and unless exact information supplied by query maker and even for the purpose of acquairing acadamic knowledge also, hence kindly come forward with exact data.
Devajyoti Barman
(Expert) 06 January 2010
It is very well settled by the Supreme Court itself that mere mistake in nomenclature is not a ground to reject any application. In your particular case the Court in the light of the Judicial precedent has done the right thing.
So that ground alone is not sufficient to challenge the order passed by the court.
Querist :
Anonymous
(Querist) 06 January 2010
Respected Srikanth K. and Devajyothi Barman Thanks for ur immediate reply.I am sure that i am giving the corrct information now, since Mr. Srikanth K. says that it is very difficult to give opinion on an examples.
I filed a petition before Mandal Revenue Officer along with a court decree, u/s 5 A of A.P Rights in Land and Pattadar Pass Books Act,1971. But the Revesional Appellate authority have considered my application under Rule 27 (4) of ROR Rules.
Now the case is pending before the Supreme court for an SLP carried out by me on the orders of the Division Bench of A.P.High Court. This is the case.
I request Mr. Devajyoti Barman, plz.refer me the apex court finding on this subject matter, if possible for our reference.
Querist :
Anonymous
(Querist) 07 January 2010
Respected Devajyoti Sir,
Namaste. Plz.refer me the apex court finding as required. And awaiting for ur reply.
Deekshitulu.V.S.R
(Expert) 07 January 2010
Quoting a wrong provision of law in the petition cannot be a ground for rejection of the petition. The court has to look at the exact prayer and then determine to grant it or to refuse the same.
If the other side takes such a plea in the appeal or revision, you will definetely succeed.
