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SAMEER JAIN
Chandrabhan Meena – Appellant
Versus
Abdul Jabbar – Respondent
| Table of Content |
|---|
| 1. jurisdiction and nature of the writ petition (Para 1 , 2) |
| 2. limitations of article 227 jurisdiction (Para 3 , 4) |
| 3. well-reasoned decisions and no errors (Para 5 , 6) |
| 4. dismissal of the writ petition (Para 7) |
ORDER :
(Sameer Jain, J.)
Present petition is filed under Article 227 of the Constitution of India against the order dated 18.04.2015, passed by the Court of Additional District & Session Judge No. 15, Jaipur Metropolitan, Jaipur, in Civil Suit No. 94/2012 by which the application filed by the petitioner-plaintiff under Order 6, Rule 17 CPC read with section 151 CPC, for amendment in the plaint was dismissed.
2. The present writ petition was filed against an interlocutory order. When the matter was called upon hearing today, learned counsel for the petitioner was not able to appraise the Court about the present status of the suit pending before the Additional District & Sessions Court, which was filed in the year 2012. The amendment in the plaint was preferred in September of 2014, after the closure of evidence of plaintiff-petitioner, which was rejected vide impugned order dated 18.04.2015 and the present matter is coming up on board in 2023. On perusal of the
At the initial stage of a case, the court cannot comment on the merits of the case when considering an application for amendment, and the defendant has the right to make consequential amendments in t....
[The court established that amendments to pleadings can be allowed even after the commencement of trial under Order 6 Rule 17 of the CPC, provided the party demonstrates due diligence and the nature ....
The judgment emphasizes the limitations and conditions for exercising supervisory jurisdiction under Article 227 of the Constitution of India.
The court emphasized the necessity of providing a hearing before passing orders affecting parties' rights, reinforcing the supervisory nature of Article 227 over judicial decisions.
Civil Suit - Jurisdiction of Court - Only wrong decision may not be a ground for exercise of jurisdiction under this article unless wrong is referable to grave dereliction of duty, flagrant abuse of ....
The High Court under Article 227 does not reconsider factual errors of inferior courts unless findings are perverse or unjust, maintaining supervisory authority without delving into case merits.
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