Document Fragment View
Fragment Information
Showing contexts for: quoting wrong provision in S.Chinnathai vs K.C.Chinnadurai on 23 July, 2009Matching Fragments
16. A mere wrong quoting of the provision will not prevent a party from getting the relief sought for if the statute provides such a power. Therefore, when an application was filed seeking to send the document to the expert, the same shall not be dismissed on the ground of wrong quoting of the provision of law. Similarly, in view of the power available to the civil Court under Order 26 Rule 10A of the Civil Procedure Code to send the document to the expert seeking a right, the said power can be exercised even when a different prayer is sought for seeking a report by requesting the expert to come to the Court and give the report or sending a copy of the disputed documents for examination instead of the original one. In the judgment reported in 2008 (2) Crimes 219 (SC) (T.Nagappa Vs. Y.R.Muralidhar), the Hon'ble Supreme Court has pleased to observe that it is a well settled principle of law that the wrong mentioning of provision of law would not be of any relevance, if the Court had the requisite jurisdiction to pass the orders.
7. When a document is sent to an expert it should be sent only to the Government Department Expert and not to a private Expert. While sending a document to an expert, the original of the same has to be sent since it is not possible to compare the xerox copies with the other admitted documents.
8. The civil Court shall not dismiss an application seeking for the examination of the document by an expert on the ground of wrong quoting of provision of law and in such a case, the Court shall exercise under Order 26 Rule 10A of the Civil Procedure Code.