Amendment cannot be allowed in the grounds of appeal or writ, once disposed #indianlaws

The Supreme Court held that when there does not exist any ground of challenge on merits in the writ petition High Court could not have adverted to it. If a party is allowed to seek amendment in the grounds of appeal or writ petition after its disposal, it can lead to abuse of process of law, and the parties would not let the proceedings come to an end. 

Should High Court intervene by looking into merits of the case when order passed by the appellate court was challenged only on the ground of maintainability of appeal?

In the instant matter, a writ petition was filed by the Appellant before the High Court challenging the maintainability of the appeal before the District Judge, and inadvertently the grounds on merits could not be mentioned. The  High Court dismissed the writ petition on the ground that in  view  of  law  laid down  as the valuation of the property was only  Rs.25,000/-  as  such the district court had appellate jurisdiction. 

Consequently, a Review Petition was moved before the High Court seeking review of the impugned order passed in Writ Petition. In the review petition it was pointed out by the writ petitioner (present appellant) that initially civil revision was moved challenging the merits of the order passed by the appellate court, but the same was dismissed. Raising  the  grounds  on  merits  against  the  order  of  the appellate court, the order passed in the writ  petition  was  sought  to  be reviewed.

The Supreme Court held that when there does not exist any ground of challenge on merits in the writ petition High Court could not have adverted to it. If a party is allowed to seek amendment in the grounds of appeal or writ petition after its disposal, it can lead to abuse of process of law, and the parties would not let the proceedings come to an end.

Accordingly, the Appellants were disallowed to add grounds in writ petition by way of amendment, after its disposal. Although, in view of the peculiar facts and circumstances of the instant case, in order to impart complete justice between the parties, the matter was remitted to the appellate court on the ground that reasons given by the said court reversing the findings of the trial court were held to be insufficient and answering the issues raised in appeal properly.

 [Vishwanath Dadu Gurav (through LRs) & Ors. vs. Dattatray Ganapati Gurav]

(SC, 16.11.2015 – Civil Appeal Nos. 9190-9191 of 2015)