Saturday, 10 April 2021

Whether court can refuse to entertain a petition filed under the wrong provision of law?

 

 Later, in Pepsi Foods Ltd., this Court held that nomenclature

under which the petition is filed is not quite relevant and it does

not debar the Court from exercising its jurisdiction which otherwise it possesses. If the Court finds that the appellants could not invoke its jurisdiction under Article 226, the Court can certainly treat the petition as one under Article 227 or Section 482 of the Code. This Court held as under:

“26. Nomenclature under which petition is filed is not quite

relevant and that does not debar the court from exercising

its jurisdiction which otherwise it possesses unless there is

special procedure prescribed which procedure is mandatory.

The present petition though filed in the High Court 

as one under Articles 226 and 227 could well

be treated under Article 227 of the Constitution.”


REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6149 OF 2015

KIRAN DEVI  Vs THE BIHAR STATE SUNNI WAKF BOARD

& ORS.

Author: HEMANT GUPTA, J.

Read full Judgment here: Click here

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