RAJ KUMAR BHATIA versus SUBHASH CHANDER BHATIA

RAJ KUMAR BHATIA versus SUBHASH CHANDER BHATIA

The amendment sought by the appellant was an elaboration of defences already present in the written statement and would cause no prejudice to the plaintiff. The High Court exceeded its supervisory jurisdiction under Article 227 by entering upon the merits and reassessing the evidence. The order of the Trial Court allowing the amendment should be affirmed.

Parties
Appellant: Raj Kumar Bhatia; Respondent: Subhash Chander Bhatia
Jurisdiction
India
Judgment Date
15 December 2017
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Amendment of Written Statement, Supervisory Jurisdiction Under Article 227, Joint Hindu Family Property, Coparcenary Rights
Civil Procedure Family Law Constitutional Law Amendment of Written Statement Supervisory Jurisdiction Under Article 227 Joint Hindu Family Property Coparcenary Rights

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Parties

Raj Kumar Bhatia

Appellant

Subhash Chander Bhatia

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the amendment of the written statement was permissible under Order VI Rule 17 of CPC
  2. 2 Scope of High Court's power under Article 227 of the Constitution to interfere with a Trial Court's order
  3. 3 Whether the amendment would cause prejudice to the plaintiff

Ratio Decidendi

The amendment sought by the appellant was an elaboration of defences already present in the written statement and would cause no prejudice to the plaintiff. The High Court exceeded its supervisory jurisdiction under Article 227 by entering upon the merits and reassessing the evidence. The order of the Trial Court allowing the amendment should be affirmed.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court is set aside
  • Order passed by Trial Court allowing amendment of the written statement is affirmed