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CPC or Limitation Act has no application in writ proceeding or restoration / review / modification in a writ petition.
Case Law Details
- Case Name
- Smt. Jyoti W/o Shri Narayan Kumar Vs General Manager (Chhattisgarh High Court)
- Appeal Number
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- Date of Judgement/Order
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In view of the settled legal position as enunciated by the Supreme Court in Puran Singh (supra) and Smt. Sudama Devi (supra), it is not permissible to argue to the contrary that provisions of the Code of Civil Procedure, 1908 (CPC) or Limitation Act, 1963 would apply in proceedings under Article 226 of the Constitution of India. By the same analogy, if these two enactments do not apply in the parent proceedings under Article 226, any application in the nature of restoration or review or modification of any order passed in exercise of power under Article 226 & 227 of the Constitution of In...
