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BHASKAR RAJ PRADHAN
Ashok Tshering Bhutia – Appellant
Versus
Divisional Forest Officer (T) , Department of Forest – Respondent
JUDGMENT
Bhaskar Raj Pradhan, J. - This is an application under Article 227 of the Constitution of India seeking to invoke the supervisory jurisdiction of this court to assail the impugned order dated 20.07.2022 rejecting the application for amendment of plaint filed by the petitioner under Order VI Rule 17 read with section 151 of the Code of Civil Procedure, 1908 (CPC) as well as an application seeking leave to file written statement to the counter claim of the respondent nos.1 and 2 under Order VIII Rule 6 A (3) read with section 151 of the CPC.
2. Heard Mr. T.B. Thapa, learned Senior Counsel for the petitioner at the admission stage. The learned Senior Counsel took this court to the impugned order as well as the provisions of law involved and submitted that this is a fit case in which the supervisory jurisdiction of this court ought to be invoked to render justice to the petitioner who suffers the consequence of the impugned order. The learned Senior Counsel also relied upon the judgment of the High Court of Judicature at Madras dated 28.01.2022 in M/s. CSCO LLC vs. M/s. Lakshmi Sarawathi Spintex Limited & Ors. MANU/TN/4089/2022 in Application No. 4791 of 2021 in C.S. No. 697 of
Supervisory jurisdiction under Article 227 is limited to correcting gross errors; amendments post-trial are impermissible unless necessary to resolve issues, safeguarding respondent rights.
The judgment emphasized the mandatory nature of the 120-day limitation for filing a written statement and the lack of discretion for condonation of delay, as supported by relevant legal provisions an....
The court's jurisdiction under Article 227 is supervisory, allowing for discretion in permitting late defenses under mitigating circumstances, without the ability to substitute the lower court's deci....
The striking off of a defendant's defence due to late filing of a written statement, despite court's extension, is unjustifiable, and such extensions are regarded as directory rather than mandatory, ....
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 right to file a written statement can be struck off if a party fails to do so despite multiple opportunities, emphasizing the importance of timely justice.
Unconscionable laches can bar relief in petitions under Article 227; courts will not interfere unless there are grave abuses or derelictions.
Amendment of plaint - Judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution.
The court affirmed that the Commercial Court has discretion under the Commercial Court Act to close opportunities for filing written statements based on case-specific circumstances.
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