Supreme Court of India · 2008-12-19
MANGAJI LALAJI THAKOR vs AJAY H. PATEL .
- Citation / case number
- SC 2006/30042
- Court
- Supreme Court of India
- Petitioner
- MANGAJI LALAJI THAKOR
- Respondent
- AJAY H. PATEL .
- Author
- D.K. JAIN,R.M. LODHA, , ,
- Bench
- D.K. JAIN,R.M. LODHA, , ,
Judgment text excerpt
The Supreme Court clarified that the appeal against the order of the Single Judge was maintainable despite the Single Judge's reference to Article 227, as the substance of the petition was under Article 226 of the Constitution of India. The Court held that the Division Bench's conclusion was erroneous and emphasized the need for a correct interpretation of the jurisdiction exercised. Consequently, the appeal was allowed, the impugned order was set aside, and the matter was restored to the Division Bench for a decision on merits, with a request for expedited handling.