1 S. B. Civil Writ Petition No. 16352/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER S.B. Civil Writ Petition No. 16352/2010 Ram Singh Versus Additional Civil Judge(Junior Division) & Judicial Magistrate No. 2, Alwar(Rajasthan) & Others. Date of Order: 15.12.2010 Hon'ble Mr. Narendra Kumar Jain,J. Mr. Mukesh Kumar Meena, for the petitioner. BY THE COURT: Heard learned counsel for the petitioner. 2. Defendant No. 3/petitioner has preferred this writ petition challenging impugned order dated 29.10.2010(Annexure-9) passed by Additional Civil Judge(Junior Division) and Judicial Magistrate No. 2, Alwar, whereby his application under Order 6 Rule 17 CPC for amendment in the written statement has been dismissed. 3. Submission of learned counsel for the petitioner is that amendment sought by the petitioner by way of his application under Order 2 S. B. Civil Writ Petition No. 16352/2010 6 Rule 17 CPC was only to elaborate his plea regarding his possession over the property in dispute, therefore, amendment sought in the written statement should have been allowed. Trial court has committed an illegality in dismissing his application, therefore, impugned order passed by the trial court may be set aside. 4. I have considered submissions of learned counsel for the petitioner in the light of reasons assigned by the trial court for rejecting the application of the petitioner under Order 6 Rule 17 CPC. 5. Plaintiffs/Respondents No. 2 to 4 filed a suit for permanent/mandatory injunction under Section 37, 38 and 39 of Specific Relief Act against defendants/Respondents No. 5 and 6 and Defendant No. 3/petitioner in the trial court way back on 18.01.1993. Defendant No. 3 filed his written statement wherein he pleaded that he is in possession of property in dispute. Present application under Order 6 Rule 17 CPC came to be filed by defendant No. 3 to amend his written statement to the effect that disputed piece of land measuring 92.50 sq. yards is not in possession of plaintiffs. Defendant No. 1 3 S. B. Civil Writ Petition No. 16352/2010 has sold disputed piece of land measuring 92.50 sq. yards to Defendant No. 3 through Sale Deed dated 19.04.2004 which has been registered on 08.07.2004. 6. Learned trial court has observed that by way of amendment Defendant No. 3 wants to amend his written statement inserting a fact that plaintiffs are not in possession over piece of land in dispute whereas he has already mentioned a fact in his written statement that Defendant No. 3 is in possession of piece of land in dispute, therefore, amendment sought is not necessary, as the said fact is already there in the written statement filed by Defendant No. 3. 7. The Hon'ble Supreme Court in Babhutmal Raichand Oswal Vs. Laxmibai R. Tarte and another (AIR 1975 Supreme Court 1297), held the High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a court of appeal when the legislature has not conferred a right of appeal and made the decision of the subordinate court or tribunal final on facts. The High Court cannot, while exercising jurisdiction under Article 227, interfere with findings of fact recorded by the subordinate court or tribunal. It's function is 4 S. B. Civil Writ Petition No. 16352/2010 limited to seeing that the subordinate court or tribunal functions within the limits of its authority. It cannot correct mere errors of fact by examining the evidence and re-appreciating it. 8. The Hon'ble Supreme Court in Mohd. Yunus Vs. Mohd. Mustaqim (AIR 1984 Supreme Court 38), held that in exercising the supervisory power under Article 227, the High Court does not act as an appellate court or Tribunal. 9. After considering all the facts and circumstances of the case, I do not find any infirmity or illegality or error of jurisdiction in the impugned order passed by the trial court so as to interfere with the same while exercising powers under Article 227 of Constitution of India. 10. There is no merit in this writ petition and the same is, accordingly, dismissed in limine. (Narendra Kumar Jain),J. Manoj, Item No.22.