Writ Court Appointed Committees I

My Lord, Can a committee be appointed in a PIL to assist the Court in ascertaining facts as concerning a contractual dispute?

A Writ Court should ordinarily not entertain a Writ Petition, if there is a breach of contract involving disputed questions of fact. When an issue arises whether in a particular State there are toilets for school children and there is an assertion by the State that there are good toilets, definitely the Court can appoint a committee to verify the same. It is because the lis is not adversarial in nature. The same principle cannot be taken recourse to in respect of a contractual controversy.”

Hon’ble Justice Dipak Misra, State of Kerala v. M.K. Jose, [Civil Appeal No. 6086 of 2015].

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