Sagnik (Management Trainee) 21 January 2013
Dear all,
Can a writ pettion at a high court also include a plea of condonation of delay at a lower court? That is to say that can a higher court condone the delay on behalf of a lower court ?
Regards,
Sagnik Sanyal
P.S :- PLEASE DO TELL IF THERE IS ANY NEED OF CLARRIFICATION, THIS IS URGENTLY REQUIRED
R.K Nanda (Advocate) 31 January 2013
state facts of case step wise and in clear words to get proper reply.
Daksh (Student) 02 February 2013
Dear Sagnik,
The answer to your querry is in affirmative as the High Court has the power of supritendence of the lower court but I would like to add a waiver that if the proceeding is already subjudice and a plea ought to be entertained before the Lower Court then may be High Court may not entertain such request as Writ Jurisdiction is a extraordinary jurisdiction. In the fitness of things I would suggest to look into the High Court Rules and resort to court craft to achieve the desired result.
All the very best
Daksh
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