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Moin Imran Khan   21 July 2023

code of civil procedure applicability to writ petition/pil.

is code of civil procedure applicable to writ petition/public interest litigation.


Learning

 2 Replies

Dr. J C Vashista (Advocate )     22 July 2023

A Writ including PIL is not governed by CPC.

arthurpacheco   23 August 2023

Hello,

The Code of Civil Procedure (CPC) primarily governs civil matters and procedures in the court system. However, when it comes to writ petitions and public interest litigation (PIL), the procedural rules are guided by the specific provisions of the Constitution of India and the rules established by the respective High Courts.

Writ petitions, which are filed to protect fundamental rights guaranteed under the Indian Constitution, fall under the jurisdiction of the High Courts and the Supreme Court. The legal framework for writ petitions is primarily derived from Articles 32 and 226 of the Constitution of India, which grant the power to issue writs for the enforcement of fundamental rights and for any other purpose. territorial io

While the CPC may provide some general procedural guidelines, the specific rules and procedures for writ petitions and PILs are usually outlined in the rules of the High Courts. Each High Court has its own rules and practices governing writ petitions, which may vary to some extent. These rules typically detail the filing requirements, timelines, grounds for filing, and other procedural aspects specific to writ petitions and PILs.

Therefore, it can be concluded that while the Code of Civil Procedure is generally not applicable to writ petitions and PILs,


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