DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
RAJ KUMAR BHATIA – Appellant
Versus
SUBHASH CHANDER BHATIA – Respondent
Certainly. Here are the key points from the provided legal document:
The High Court's jurisdiction under Article 227 of the Constitution is confined to ensuring the proper exercise of jurisdiction by lower courts or tribunals. It does not function as an appellate court or tribunal and cannot review or reassess evidence upon which the lower court's decision is based (!) .
The High Court improperly entered into the merits of the case when it set aside the order allowing the amendment of the written statement, which is beyond its permissible scope under Article 227 (!) (!) .
The original suit involved a dispute over property rights, with allegations of relinquishment, oral family arrangements, and claims of joint family property and coparcenary rights. The case also included claims regarding the nature of the property—whether it was self-acquired or ancestral—and the rights of various family members (!) (!) (!) (!) .
The appellant sought to amend the written statement to introduce detailed averments about the ancestral and coparcenary nature of the property, which was initially based on the original written statement. The amendment aimed to elaborate on the property’s status as a joint Hindu family property and family arrangements (!) (!) (!) .
The High Court found that the amendment was not bona fide or necessary for determining the real issues, and that the attempt to introduce new facts was a belated effort to change the case's fundamental nature, which was not permissible given the timing and circumstances (!) (!) .
The original written statement already contained assertions that the property was joint family property and that family members were living together, with some references to oral arrangements. The proposed amendment was essentially an elaboration of existing defenses rather than a new case (!) (!) (!) (!) (!) (!) (!) (!) (!) .
The Court emphasized that whether an amendment is allowed does not depend on the likelihood of success but on procedural and jurisdictional limits. It also highlighted that the High Court improperly considered the merits of the case while exercising its jurisdiction under Article 227, which is not permitted (!) .
The appeal was allowed, the High Court’s order was set aside, and the order of the trial court permitting the amendment was affirmed. No costs were ordered in the circumstances (!) (!) .
Please let me know if you need further analysis or specific legal advice based on these points.
JUDGEMENT
Dr D.Y. CHANDRACHUD, J
1. The present appeal arises from a judgment of the High Court of Delhi dated 5 October 2016 by which an order of the Trial Court allowing an application filed by the appellant for amendment of the written statement was set aside.
2. On 11 October 2002, Sharda Rani Bhatia instituted a suit for the recovery of possession, arrears of damages and mesne profits against the appellant. The property in dispute is situated on the first floor at 1/6 Ramesh Nagar, New Delhi. The case of the original plaintiff is that Desh Raj Bhatia acquired the leasehold rights on 13 February 1962. On his death, his children are stated to have relinquished their rights and interest in favour of their mother, Lajwanti Bhatia. She executed a will bequeathing the property to her son Ratan Lal Bhatia who is stated to have become the exclusive owner of the property on her death. The original plaintiff, Sharda Rani Bhatia is the widow of Ratan Lal Bhatia. The appellant is the son of Ratan Lal Bhatia. Ratan Lal Bhatia died intestate. On his death, a registered deed of relinquishment was executed in favour of Sharda Rani Bhatia by the appellant and the respondent, the sons of Ratan
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