MOHAN ILAYARAJA
(Querist) 03 November 2010
This query is : Resolved
i got an interim exparte residence order subsequently respondents filed set aside petition under section 23(2) under this act which is not correct provision and i stated it in my counter but the presiding officer gives opinion that it doesn't matter. what is the remedy for me and for the respondents for the correction of provision
Arun Kumar Bhagat
(Expert) 03 November 2010
Quoting of wrong section or no section at all is immaterial. It is the merit of the application which calls for interference. The said application may be treated under sec. 25(2) by the Ld. Magistrate.
R.Ramachandran
(Expert) 04 November 2010
Yes, as advised by Mr. Arun, quoting of wrong section or no section at all by the petitioner / respondent is immaterial and the case will be dealt with as per the averments contained in the complaint / plaint.
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