Lack Of Clarity In Averments Not Ground To Dismiss An Application As Non-Maintainable
Case: Vijay Swaroop Lav V. Ms Nisha Rathi & Ors.
Coram: Justice C Hari Shankar
Case No.: CM(M) 458/2022
Court Observation: “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,”
“The impugned order is also inherently contradictory in terms, as it dismisses the application as not maintainable being vague and unclear in 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.”
“This Court refrains from entering any observations either on the maintainability or the merits of the application. All issues would remain open to be decided by the learned ADJ in accordance with law and in due compliance with the principles of natural justice.”
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Keywords
Lack Of Clarity, Not Ground To Dismiss, Non-Maintainable
