JUDGMENT :

I.A. No. 6509 of 2019

Mr. Shankar Lal Agarwal, learned counsel for the petitioner submits that before entering the issue involved in this writ petition appropriate order may be passed in I.A. No. 6509 of 2019 which has been filed for seeking amendment in the prayer portion of the writ petition to the effect to grant leave to the petitioner to incorporate the prayer as has been described at paragraph – 3 of the instant interlocutory application which reads hereunder as :

3. That in view of the aforesaid objections, it has become necessary to amend the writ petition in the following manner:

(i) At page 3 after Serial No.6, the following party may be added as Respondent No.7:

“Jharkhand State Electricity Regulatory Commission having its office at 3rd Floor, Sainik Bhawan, Main Road, P.O. and P.S. Hindpiri, District-Ranchi.”

(ii) Further at page 4 after completion of paragraph 1, Paragraph 1A may be inserted in the following manner :

“Para-1A. For issuance of appropriate Writ/ order/direction from this Hon’ble Court for a declaration that Regulation 5.3.3 of Jharkhand Electricity Supply Regulation, 2015 is ultra vires to Section 55(1)(g) of the Transfer of Property Act as the liability to pay all public charges is upon the seller and contrary to that the Regulation has casted a duty upon the purchaser to verify the dues and also ultra vires to provisions of the Indian Electricity Act, 2003”;

(iii) That likewise in the prayer portion of the writ petition at page 21 after the completion of prayer 1, the following prayer may be added as Para-1A-“Your Lordships may graciously be pleased to issue and appropriate Writ/order/direction from this Hon’ble Court for a declaration that Regulation 5.3.3 of Jharkhand Electricity Supply Regulation, 2015 is ultra vires to Section 55(1)(g) of the Transfer of Property Act as the liability to pay all public charges is upon the seller and contrary to that the Regulation has casted a duty upon the purchaser to verify the dues and also ultra vires to provisions of the Indian Electricity Act, 2003”;

2. It has been contended by learned counsel for the petitioner that the provision made under Regulation 5.3.3 of the Jharkhand Electricity Supply Regulation, 2015 is ultra vires to Section 55(1)(g) of the Transfer of Property Act as the liability to pay all public charges is upon the seller and contrary to that the Regulation has casted a duty upon the purchaser to verify the dues and also ultra vires to provisions of the Indian Electricity Act, 2003.

3. This Court, before delving into the merit of the interlocutory application, wants to deal with the scope and object of the amendment to be incorporated in the writ petition.

4. There is no dispute about the settled position of law that under Article 226 of the Constitution of India the Code of Civil Procedure is not strictly applicable but the principle pertaining to the provision of Code of Civil Procedure is applicable. It is also admitted that under Article 226 of the Constitution of India no provision has been provided to seek amendment of the prayer of the writ petition. Since the petitioner is seeking amendment of the prayer by filing interlocutory application invoking the jurisdiction conferred under Article 226 of the Constitution of India, therefore, the principle as has been provided under Order VI Rule 17 of the Code of Civil Procedure will be applicable and therefore it is necessary to deal with the object and scope of Order VI Rule 17 of the Code of Civil Procedure which reads hereunder as :-

“Order VI

17. Amendment of pleadings. – The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion th