Legal Question in Appeals and Writs in India

Re: mistake in filing writ

Wrong words in the writ cannot be ratified in the counter which is filed by the opposite party.The same can be done by moving an amedment application as my learned brothers have already pointed out.However, the necessity of doing so will depend on the relavence of the words and the context.

Re: mistake in filing writ

The mistakes in the Writ application cannot be rectified in the counter because the counter will be filed by the opposing party. But the mistakes in the application can be filed by filing an amendment petition by the person who filed the Writ application.

Re: mistake in filing writ

Yes, you need not wait till filing of counter. You must immediately bring to the notice of the Court the true facts without any delay. Approach a good lawyer in the matter.

Re: mistake in filing writ

Writ jurisdiction is a discretionary jurisdiction. The best course would be to do two things simultaneously--

ONE--Move an application to the Court requesting for amendment of the writ;

TWO--While submitting rejoinder/counter, with reference to the relevant para, mention the intended revision and also mention that a separate application for the same is being moved concurrently.

Dr. M C Gupta

MBBS [AIIMS], MD, Internal Medicine [AIIMS], MPH [San Carlos Univ.]

LL.B. [DU], LL.M. [KUK]

Fellow, United Nations University

Ex-Professor & Dean:

National Institute of Health and Family Welfare

Ex-Additional Professor:

All India Institute of Medical Sciences

Advocate

Health and Medico-legal Consultant

Member, Supreme Court Bar Association

Member, Indian Law Institute

[email protected]

[email protected]

http://www.medindia.net/myhome/mcgupta44

www.writing.com/authors/mcgupta44