// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.9191/2008 Kanharam S/o Girdhari Gurjar and Others Versus Nagar Vikas Nyas, Kota and Others Date of Order ::: 05.09.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Tarun Jain, Counsel for petitioners #### By the Court:- Heard learned counsel for the petitioners. This writ petition, on behalf of the plaintiff-petitioners, is directed against the impugned order dated 7th August, 2008, rejecting their application under Order 6 Rule 17 CPC for amendment in the plaint. The suit was filed on or about 28th June, 1999 and written-statement was filed on 12th July, 1999. The present application for amendment in the plaint was filed on 1st July, 2008 and case is now fixed for final arguments in the trial court. I have examined the impugned order passed by the trial court in the light of submissions made on behalf of the petitioners and, after considering the same, I find that reasons assigned by the trial court for // 2 // rejecting the application of the petitioners appears to be perfectly justified. I do not find any illegality, perversity or jurisdictional error in it so as to interfere with the same under Article 227 of the Constitution. The Hon'ble Supreme Court in Babhutmal Raichand Oswal Vs. Laxmibai R. Tarte – AIR 1975 SC 1297, held that the High Court cannot, while exercising jurisdiction under Article 227, interfere with finding of fact recorded by the subordinate court or tribunal. It's function is 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. The Hon'ble Supreme Court in Mohd. Yunus Vs. Mohd. Mustaqim – AIR 1984 SC 38, held that in exercising the supervisory power under Article 227, the High Court does not act as an Appellate Court or Tribunal. In view of the above, there is no merit in the writ petition and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//