Inquisitorial proceedings

In suit for specific performance of agreement to sell appellant/defendant denied execution of any agreement to sell and claimed that he neither signed any document nor received any amount

Trial Court decreed the suit in favour of respondent/plaintiff

Validity

Trial Court did not frame particular issue despite the fact that case of appellant/defendant in written statement was based upon question of forgery of document

On denial of execution of agreement, its signature or even non-receiving of sale consideration, Trial Court was bound to at least exercise its inherent power for:-

Supreme Court had ample powers and jurisdiction to adjudicate upon a case if the same fell within the ambit of inquisitorial proceedings.

Constitutional petition under Art.184(3) of the Constitution concerning election laws and prevailing electioneering and campaigning practices

Public interest litigation

Nature

Inquisitorial proceedings

Jurisdiction of Supreme Court to adjudicate upon such proceedings

Scope

Present petition fell under public interest litigation, which was not adversarial but inquisitorial in nature

Supreme Court had the jurisdiction to adjudicate upon a case if it fell within the ambit of inquisitorial proceedings.

Distinction.

No one specifically amongst the respondents, had been sought by the petitioners, to be held liable to take brunt of the civil liability or criminal culpability, except praying to probe into the matter and to identify those who were responsible in issuance of the derogatory Memo. though they had alleged threat to life, security, dignity as well as denial of fundamental right to have complete information about the issue wherein allegedly independence, sovereignty and security of the country was likely to be compromised

Seeking no relief against any of the respondents suggested that in accordance with the provisions of Art.184(3) of the Constitution, Supreme Court was empowered to make a declaratory order to enforce any of the fundamental rights conferred by Chap. 1, Part II of the Constitution

Such kind of litigation fell within the category of 'inquisitorial proceedings' and not 'adversarial', which was generally undertaken by the litigants against each other for determination of their respective rights in the common law countries.