Saravana Stores v. Southern Petrochemicals Industries

CMP No.19653 of 2021 in OSA (CAD) SR No.85149 of 2021 R.SUBRAMANIAN , J.

and R.SAKTHIVEL, J.

(Order of the Court was made by R.SUBRAMANIAN,J.) No doubt true that a petition filed under a wrong provision of law should not be dismissed on that ground alone, but in this case we find that the petition has been filed under Order XIV Rule 8 of the Original Side Rules read with Section 151 of the Code of Civil Procedure. When there is a specific provision in Code of Civil Procedure inherent powers cannot be invoked.

2. Hence in order to put a fullstop to this practice, this petition is dismissed with liberty to the petitioner to file a fresh petition under the correct provision of law.

[R.S.M., J.] [R.S.V., J.] 05.01.2024 jv https://www.mhc.tn.gov.in/judis Page No.1/2

R.SUBRAMANIAN , J.

and R.SAKTHIVEL, J.

CMP No.19653 of 2021 in OSA (CAD) SR No.85149 of 2021 05.01.2024 https://www.mhc.tn.gov.in/judis Page No.2/2