Impact of material omitted in writ petition
Querist :
Anonymous
(Querist) 18 April 2011
This query is : Resolved
Ld Counsels,
In a writ petition the respondent has omitted to file a material record (document) to substantiate an averment made in the counter affidavit.
Respondents claim was rejected without considering that particular averment and hence the writ was allowed. Respondent filed a writ appeal by magnifying the averment with more clarity and also filed all supporting documents on the ground that the signle judge erred in law and in facts. WA was dimissed on admission itself.
Is it possible to file a SLP before SC agaisnt the order of Writ appeal. Will there be any impact due to omission to file all the documents in writ petition itself while the SLP is against the order in Writ appeal in which there is no omission.
Please clarify. Thanks
R.Ramachandran
(Expert) 19 April 2011
Your SLP will be against the order in the Writ Appeal.
Therefore, all the documents submitted upto Writ Appeal will have to be filed in the SLP. While you say that particular document was the clinching piece, one really do not know whether it was so or not.
In any case, now, after having lost even at WA stage, there can be no question of your weighing the pros and cons in filing the SLP. If you have a strong point, then it is better to file the SLP and look for the result, instead of not preferring the SLP at all.
