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2010 DIGILAW 1151 (RAJ)

Gopal Lal Bansal v. Radhe Shyam Sethi

2010-07-05

MAHESH BHAGWATI

body2010
JUDGMENT 1. - This order governs the disposal of writ petition riled by the petitioner Gopal Lal Barisal whereby the order dated 9.3.2010 rendered by Additional District judge No. 6, Jaipur City, Jaipur has been impugned. 2. Having heard the learned counsel for the parties and carefully scanned the impugned order as also the relevant material available on record, it is noticed that the petitioner riled an application before the appellate Court under Order 6, Rule 17 of Civil Procedure Code praying to permit her to make an amendment in the written statement as it was necessary in the changed circumstances. The learned appellate Court dismissed the application after critically examining and viewing all the facts and circumstances of the case on the ground that the amendment was being sought in order to procrastinate the proceedings of the suit. There is no legal recourse provided under Civil Procedure Code to assail such order, hence this writ petition. 3. It is pertinent to impress upon that albeit the powers of the High Court under Article 226 are discretionary and no limits can be placed upon that discretion but these powers are required to be exercised along recognised lines and not arbitrarily. Article 226 of the Constitution has conferred extra-ordinary jurisdiction on the High Court but the same are not required to be exercised in routine. In the exercise of this extra-ordinary jurisdiction, the High Court is not required to act as Court of appeal or Court of revision to correct mere error of law or of fact because this jurisdiction is merely supervisory under Article 227 of the Constitution. Further, resort to the jurisdiction under Article 226 is not intended as an alternative remedy. However, the extra-ordinary jurisdiction can be invoked if some miscarriage (sic) of justice is found to have occurred. In the instant case, the petitioner intends to make an amendment in the written-statement after 17 years of filing of the suit. The petitioner, with mala fide, intended to procrastinate the proceeding of the suit, which the learned appellate Court sensed and dismissed the application vide impugned order. I do not find any perversity or illegality in the said order. Thus, the writ petition is found to be totally devoid of merits and the same deserves to be dismissed. 4. For the reasons stated above, the writ petition stands dismissed accordingly.Petition dismissed. *******