help in CPC
Manish Singh
(Querist) 06 May 2010
This query is : Resolved
Dear All,
please enlighten me on this aspect of litigation -
if the High Court mistakenly appoints a person as a valuer of some property treating him as a C.A. but as a matter of fact, that person has renounced his CA authorisation and is not entitled to sign as a CA, then which application should be made to the HC for rectification of the said Order.
will it be u/151 CPC?
also, what should be the format of the application since that person must be the applicant then how it should be made.
Please enlighten.
R.R. KRISHNAA
(Expert) 06 May 2010
The High Court can suo moto or on the application by the said person / any party to the said proceeding can recall its order to rectify the error.
Case laws:
RECALLING ITS OWN ORDERS: I 2000 CPJ 367
RELIEVE THE PARTIES FROM ITS OWN MISTAKES FOR COURT: AIR 1950 PATNA 350
The format of application is an affidavit and a petition under 151 cpc.
Virender Pankaj
(Expert) 06 May 2010
The person may file an application u/s 114 C.P.C with affidavit for review of the order.
Raj Kumar Makkad
(Expert) 06 May 2010
application under section 151 CPC shall suffice in such matters.
Simple application saying:
That Hon'ble court was pleased vide order dated...to appoint Sh.........., treating him as Chartered accountant having an authority to certify the accounts of the parties in dispute.
That i cam to reveal on dated.....when the applicant met the aforesaid person then he cam to know that he is not Chartered accountant nad has renounced as such.
That the purpose of appointing a CA shall be frustrated if the aforesaid person is continued as .....
That it is in the interest of justice to replace such person with a qualified CA.
G. ARAVINTHAN
(Expert) 06 May 2010
Either application under 114 or 151 CPC possible.
Even some advocates mention before the court and obtain orders to that effect
Manish Singh
(Querist) 07 May 2010
Dear Learned Members,
thanks a lot for your valuable inputs and information. I really appreciate your co-operation.
But I wanted to make clear of one point that how would I start the application like when I write parties name, I would be bound to give the names of the parties of the case then where i would put in the name of the Applicant (CA) hereby.
please enlighten on the same.
