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Report No. 58

Discretion of the High Court

5.40. It, thus, appears that the question whether a disputed question of fact should be tried on a petition for writ is left to the discretion of the High Court. In some cases, the High Court may consider it desirable to let the matter be decided by a regular suit in an ordinary civil court. If the High Court so desires, it may decided the question on affidavits; the power to cross-examine the persons who have sworn the affidavits, and, if necessary, the power to take evidence as in a suit, is not denied. Any such power may be resorted to at the discretion of the High Court, if the circumstances of the case render such a course just. What circumstances render cross-examination or taking of evidence desirable, cannot, it seems, be categorised into hard and fast rules.



Structure and Jurisdiction of the Higher Judiciary Back




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