Merely on the ground if the wrong provision has been quoted in the petition, the petition should not be rejected-Jharkhand High Court

Civil Procedure Code, 1908, Order 7, Rule 14 (3) - Limitation Act, 1963 Section 5 Petition had been filed by the plaintiffs not under Order 7, Rule 14 (3) of the Civil Procedure Code rather under Section 5 of the Limitation Act for seeking leave to mark documents for proper adjudication of the issue - Petition filed after cross-examining of the stage of the plaintiffs' evidence - Trial Court, passed an order allowing the relief sought for by the plaintiffs by granting leave to mark the documents as exhibits with a liberty to the defendants to cross-examine the witnesses so adduced by the plaintiffs - Contention that petition since was filed under Section 5 of the Limitation Act for seeking leave of the Court to mark exhibits ought not have been allowed but since appropriate power has not been invoked as provided under Order 7, Rule 14 (3) of the Civil Procedure Code - Merely on the ground if the wrong provision has been quoted in the petition, the petition should not be rejected rather the contents of the petition, is to be looked into for the ends of justice - Part of the prejudice had already been taken into consideration by the Trial Court - No error apparent on the face of the record warranting any interference by Court.

(LMASLFD-1655534)