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MAINTAINABILITY OF AN APPLICATION NOT AFFECTED BY LACK OF FACTUAL CLARITY DELHI HC

Team SoOLEGAL 8 Jul 2022 6:38pm

MAINTAINABILITY OF AN APPLICATION NOT AFFECTED BY LACK OF FACTUAL CLARITY DELHI HC

New Delhi: The Delhi High Court ruled that an application that lacks factual clarity cannot be declared unmaintainable.

While hearing an application under Article 227, the single-judge bench of Justice Shri Hari Shankar observed that maintainability and clarity of averments in the application are altogether separate concepts.

The ADJ order has been challenged in this petition to the extent that it disregards an application filed under Order XII Rule 6 read with Order VII Rule 11 read with Order I Rule 10 and Section 151 CPC.

The reasoning given in the impugned order was that it was a very vague clandestine and incorrectly drafted application.

The Court held that it was not admissible for the learned ADJ to dismiss the petitioner's application in this manner.

"It does not appear, from a reading of the application of the petitioner, that it was so vague or unclear that the Court was not in a position to pass any orders thereon. Even if the Court were to feel that the application did not contain requisite averments, as would enable it to be decided on merits, the learned ADJ ought, at the very least, to have made this point explicit while rejecting the application."

According to the Court, the impugned order is also inherently contradictory in terms, as it disregards the application as not maintainable due to vague and unclear averments.

"Maintainability and clarity of averments in the application are entirely two different concepts. An application which may be unclear or wanting in requisite details does not suffer from maintainability on that ground alone."



Tagged: Lack of Factual Clarity   Delhi High Court  
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