rule of writ proceedings

rajnath desai (Querist) 31 December 2010 This query is : Resolved
Does code of civil proceedure apply to writ proceedings and appeals thereof ?

Are there any writ proceedings prescribed seperately, if yes, where can these be found ?

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Guest (Expert) 31 December 2010
to some what extent the C.P.C. applicable.
There are original side HighCourt rules are there to govern the writ proceedings. Also some case laws which are guiding the procedure also..

G. ARAVINTHAN (Expert) 01 January 2011
CPC is applicable to writ petitions with regard to pleadings and procedures.
However, it is discretion of the Court to follow or not

PJANARDHANA REDDY (Expert) 01 January 2011
WRIT COURTS ARE DIFFERENT THAN LOWER COURTS.
WRIT/CONSTITUTIONAL COURTS ALWAYS FOLLOW PNJ RULE AND CONSTITUTION OF INDIA.
CPC IS ALSO FOLLOWED IN H.C/SC FOR PROCEDURAL ASPECTS. BUT THEY ARE CALLED AS SUBSTANTIVE COURTS, BUT NOT PROCEDURAL COURTS.
ALL TRAIL COURTS SHOULD GO ACCORDINGLY WITH CPC/CR.P.C IN CASE OF CRIMINAL.

FOR BETTER CLARIFICATION VISIT CONCERN H.C WEB SITE FOR WRIT RULES.

s.subramanian (Expert) 01 January 2011
CPC applies to writ proceedings in a limited way evn though not fully.

Arun Kumar Bhagat (Expert) 01 January 2011
Procedure for writ is prescribed in High Court rules and orders.

M/s. Y-not legal services (Expert) 01 January 2011
Cpc can't applies on writ petitions.. See article 226 of constitution.

Chanchal Nag Chowdhury (Expert) 01 January 2011
Art. 226 of the Constitution prescribes certain procedures. Other than that it is the individual HCs. who frame Rules of procedure in such matters.

Advocate. Arunagiri (Expert) 02 January 2011
Writ rules are different from CPC.

Kirti Kar Tripathi (Expert) 02 January 2011
Though the provisions of CPC are not applicable in writ but fundamental principles are applicable.

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