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Kannepalli Venkata Sreedhar   18 January 2020

dismissal of an interlocutory petition on incorrect provision of law

whether any interlocutory application filed by most particularly defendant can be dismissed by the court in case incorrect provision of law is mentioned by him


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 5 Replies

G.L.N. Prasad (Retired employee.)     19 January 2020

The rejection is not final if the rejection is technical and not resjudicata.  The simple remedy is correcting the mistake and filing another IA.

Real Soul.... (LEGAL)     19 January 2020

You can file another application under correct provisons ,there is no bar to file applications in a case.

TGK REDDI   19 January 2020

The Court suo motu is to change the Section of The Indian Penal Code.

P. Venu (Advocate)     20 January 2020

You have not posted the material facts.

T. Kalaiselvan, Advocate (Advocate)     28 January 2020

Jhar HC | Petition cannot be rejected merely on ground of mentioning wrong provision – contents of petition must be considered for the sake of justice.

 

The High Court after considering all the legalities and referring to the provisions of Order 7 Rule 14 (3) of the CPC deemed it fit and fair that the power to grant relief, taking into consideration the relevancy of the documents.

In the following case, the petition has been filed by the plaintiff under Section 5 of Limitation Act rather than Order 7 Rule 14 (3) of the CPC. The court relied on the judgment rendered by the Supreme Court of India in P.K. Palanisamy v. N. Arumugham, (2009) 9 SCC 173 where it was held that mentioning of the wrong provision or not mentioning that provision will not make the order invalid, if the court and/or statutory authority have the requisite jurisdiction  therefore.

Another question taken into consideration is the question of prejudice. The court on the following question held that in terms of the provision of Order 7 Rule 14 (3) of the CPC give liberty of cross-examining the witnesses to the petitioner.

Thus, as per the Supervisory jurisdiction in Article 227 of the Constitution of India, the Court was not mistaken in warranting any interference by the court. Therefore, the writ petition failed and Interim Order dated 10-07-2018 was vacated. [Jay Shankar Yadav v. Bhola Yadav, 2019 SCC OnLine Jhar 1509, decided on 07-11-2019]


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