ARUN KUMAR Vs. GULAM DAS

JUDGEMENT

(1.) THE instant petition is directed against the order dated 13.12.2010, passed by the Civil Judge Class II, Simga, in Civil Suit No. 24-A/08, whereby the petitioner's application for amendment filed under Order 6 Rule 17 of CPC has been dismissed.

(2.) BRIEF facts of the case in nutshell are that: the plaintiff instituted a suit against the respondent No. 1 also arraying the respondent No. 2/State of Chhattisgarh as a formal party in the suit, admitting the respondent's title over the suit land and claiming title on the basis of adverse possession. Later on, by way of amendment, the petitioner wanted to amend his plaint on the ground that the defendant/respondent No. 1 has no title over the suit land since Patta granted in his favour is void ab-initio and he has no right to interfere in his possession.

(3.) IT is well settled principle of law that this Court, in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India, should refrain itself from interfering with the order passed by the Court below, except in such cases where perversity, illegality, irregularity or jurisdictional error is writ large on the face of the record, which is not in the present case.