Madhya Pradesh High Court: Blunders in an order passed by a court acting within its limitation cannot be corrected by invoking Article 227 of the Constitution

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Justice Vandana Kasrekar of the Madhya Pradesh High Court, held that all aberrations in an order passed by a court acting within its limitation cannot be corrected by invoking Article 227 of the Indian Constitution. The court stated that article 227 can be “exercised where the orders is passed in grave dereliction of duty or in flagrant abuse of fundamental principles of law and justice”.

An appeal was filed by the petitioner against the order of the trial court which had rejected his’ application under Order 16 Rule 1 of Civil Procedure Code for summoning of a particular witness in his divorce trial. The reason provided by the trial court for such rejection was that on the date when the issues were framed in the divorce trial, the petitioner failed to provide the court with the witness list nor any application was made for summoning of a particular witness on the next date of hearing. Thus the order of the trial court was not in contravention of the principles of law and natural justice that entail invoking article 227. Thus the petitioner’s petition was rejected by the court.

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