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2018 Supreme(HP) 1317

TARLOK SINGH CHAUHAN
Sundru Devi – Appellant
Versus
Shanti Devi – Respondent


Advocates Appeared:
Digvijay Singh, Varun Rana, Advocates for the appearing parties.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The court emphasized the importance of exercising the power of superintendence under Article 227 of the Constitution sparingly and only in cases of grave injustice or legal violations. It is not intended for correcting mere errors (!) (!) (!) (!) .

  2. The scope of Article 227 is supervisory and not appellate; interference is limited to situations where there is a manifest and apparent error that causes grave injustice or a gross failure of justice (!) (!) (!) .

  3. The court highlighted the strict conditions under which amendments to pleadings are permitted, especially after the commencement of trial. Such amendments require proof of due diligence and should not cause prejudice to the opposing party (!) (!) (!) .

  4. The case involved an attempt by defendants to amend their written statement to support a different Will, which was initially rejected. The defendants' attempt to change their plea was found to be surreptitious and based on false claims, constituting an abuse of court process (!) (!) (!) (!) (!) .

  5. False claims and defenses are considered serious problems in real estate litigation, often leading to prolonged disputes and misuse of judicial resources. Courts are urged to discourage such practices through costs and strict procedural adherence (!) (!) (!) (!) (!) (!) .

  6. The court observed that frivolous and dishonest litigation, especially involving false pleadings and misrepresentation, undermines the integrity of the judicial system. Such conduct should be deterred by imposing costs and penalties (!) (!) (!) (!) (!) (!) .

  7. The abuse of court process, including re-litigation and filing frivolous pleas, constitutes grounds for intervention. Courts have the authority to stop such proceedings to prevent wastage of judicial time and resources (!) (!) (!) .

  8. The court reiterated that the primary role of judicial review under Article 227 is to ensure that subordinate courts operate within their jurisdiction and do not commit errors that result in grave injustice. It should not be used to correct every error of law or fact (!) (!) (!) (!) (!) (!) .

  9. The case underscores the importance of honesty and transparency in litigation. Parties supporting false claims or engaging in dishonest tactics should be penalized to uphold the integrity of legal proceedings (!) (!) (!) (!) (!) (!) .

  10. The court ordered the defendants to pay costs for abusing the judicial process, emphasizing that such conduct wastes court resources and delays justice (!) .

These points encapsulate the principles and findings of the judgment regarding the proper exercise of supervisory jurisdiction, the importance of due diligence in amendments, and the need to deter false claims and abuse of court procedures.


JUDGMENT

Tarlok Singh Chauhan, J —Defendants No. 1 and 2 are the petitioners, who aggrieved by the rejection of their application for amendment of the written statement, have filed the instant petition under Article 227 of the Constitution of India for setting aside the order dated 08.09.2017 passed by the learned Civil Judge (Junior Division) , Court No.II, Sundernagar, District Mandi, H.P.

2. The plaintiff/respondent filed a suit for declaration to the effect that the suit land i.e. land comprised in Khasra nos. 180, 185, 187, 188, 189, 190, 93, 194, 195, 196, 239, 240, 241, 424, 440, measuring 38-14-15 bighas situated at mauja Khill / 159, Nihri, Mandi, H.P. is ancestral and coparcenary amongst plaintiff and deceased father of present respondents No. 1 and 2 / defendants No. 1 and 2, therefore, the sale deed dated 17.07.2006 executed by Paras Ram was declared null and void. A decree for permanent prohibitory injunction was sought restraining interference from the present defendants.

3. In the year 2010, the plaintiff/respondent filed an application for amendment of the plaint to the effect that she had come to know about one Will dated 26.02.2005 executed by Paras Ram in favour d

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