Civil nature of writ proceedings depends on the right asserted and relief sought, not the label attached.

Classification of writ proceedings under Articles 226 and 227 depends on the nature of the right asserted and the relief sought, not merely on the label attached to the petition. A petition seeking enforcement of civil rights and protection of lawful business activity is civil in nature, and the Bombay High Court Appellate Side Rules do not exhaustively define every matter as civil or criminal. A misdescription by counsel should not defeat substantive justice where the true character of the proceeding is clear. The petition was treated as a civil writ petition and permitted to be amended and converted for registration and further consideration.

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Issues: Whether the writ petition, though filed as a criminal writ petition, was in substance a civil writ petition and whether it could be permitted to be converted and registered accordingly.

Analysis: The classification of writ proceedings under Articles 226 and 227 of the Constitution depends on the nature of the right asserted and the relief sought, not merely on the forum or the label attached to the petition. The Bombay High Court Appellate Side Rules, 1960 contemplate different categories of writ business, but the rules do not clearly and exhaustively define every matter as civil or criminal. Applying the settled distinction between civil and criminal proceedings, a petition seeking enforcement of civil rights and protection of lawful business activity is civil in nature. A misdescription by counsel should not defeat substantive justice where the true character of the proceeding is clear.

Conclusion: The petition was held to be civil in nature, not maintainable as a criminal writ petition, but the petitioner was permitted to amend and convert it into a civil writ petition for registration and further consideration.

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