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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANJEET PUROHIT
Satya Narayan Derashri S/o Shri Prahlad Rai Derashri – Appellant
Versus
Public At Large, Bhilwara (Raj.) – Respondent
ORDER :
Sanjeet Purohit, J.
1. The present writ petition has been filed with the following prayers:
a) This Writ Petition may kindly be allowed with cost throughout; and
b) By an appropriate order, writ direction the impugned order dated 31.03.2022 (Annexure P/6) and 28.07.2022 (Annexure P/8) passed by learned District Judge, Bhilwara in Case No.44/2019 Civil Original (Satya Narayan Derashri vs. Public at large), by which application under Section 152 read with Section 151 of the CPC and application under Section 378 of Indian Succession Act, 1925 was rejected may kindly be quashed and set aside and application dated 09.02.2022 (Annexure P/5) and 11.04.2022 (Annexure P/7) filed by the Petitioner may kindly be allowed as prayed; and
c) Any other appropriate writ, order or direction, which is considered just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner.
2. Explaining the facts of the present case, learned counsel for the petitioner stated that an application under Section 372 of Indian Succession Act, 1925 (“Act of 1925”) was filed for issuance of succession certificate with regard to 265 shares of Super House Leather Limited. The
The high court emphasizes strict adherence to procedural timelines, denying amendments based on clerical error unless compelling justification is shown, reaffirming the finality of adjudicated matter....
Clerical and arithmetical errors in judgments can be corrected under Section 152 of the CPC without altering substantive rights, and the High Court has the authority to intervene under Article 227 to....
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
Unconscionable laches can bar relief in petitions under Article 227; courts will not interfere unless there are grave abuses or derelictions.
[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 ....
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
The main legal point established in the judgment is the interpretation of abatement of proceedings under Order XXII of the CPC and the liberal consideration of the prayer for setting aside the abatem....
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