Legal Question in Appeals and Writs in India
mistake in filing writ
in writ application lawyer mentioned few wrong words, can they be rectified in the counter
4 Answers from Attorneys
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
http://www.medindia.net/myhome/mcgupta44
www.writing.com/authors/mcgupta44
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