Bindeshwar Prasad And ORS v. Sidheshwar Prasad And ORS
Patna High Court CWJC No.5268 of 2016 (2) dt.05-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5268 of 2016 ====================================================== Bindeshwar Prasad & Ors .... .... Petitioner/s
Versus
Sidheshwar Prasad & Ors .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 05-05-2016 Heard the learned counsel, Mr. Mukesh Kumar Jha for the petitioners.
It appears that the Court below by the impugned order has allowed the amendment application recording a finding that the amendment petition incorporates the same properties what has been given in the plaint with the exception that the property given in schedule number 2 of the plaint have been specified with the direction and boundary of the same. In the facts and circumstances described above, it is clear that plaintiffs have sought amendment in the plaint which is of formal nature.
The Hon'ble Supreme Court in the case of Jai Singh and Ors. v. Municipal Corporation of Delhi & Anr., (2010) 9 Supreme Court Cases 385 at paragraph 16 has held that the High Court cannot lightly or liberally act as an appellate court and reappreciate the evidence. Generally it cannot substitute its own
Patna High Court CWJC No.5268 of 2016 (2) dt.05-05-2016 conclusion for the conclusion reached by the Court below or the statutory quasi judicial tribunals.
Therefore, in the present case, when the Court below has recorded the finding on the basis of the pleadings of the parties and the amendment application, this Court for the purpose of supervising the order passed by the Court below cannot substitute own finding of fact.
In view of the finding of the Court below, therefore, in exercise of supervisory jurisdiction, the order impugned cannot be interfered with.
Thus, this writ application is dismissed.
(Mungeshwar Sahoo, J) Saurabh/- U T