LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Manish Singh (Advocate)     06 May 2010

Plz enlighten

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.



Learning

 2 Replies

R.R. KRISHNAA (Legal Manager)     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.

 
 

Manish Singh (Advocate)     07 May 2010

Dear Mr. Krishna,

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.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register