WPMS/770/2023
2023 Latest Caselaw 739 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                  WRIT PETITION (M/S) NO. 770 OF 2023

                              21ST MARCH, 2023

BETWEEN:
Badar Singh & others                                           .....Petitioners.
And

Parul Goyal & others                                           ....Respondents.

Counsel for the Petitioners : Mr. Ankur Sharma, learned counsel.

Counsel for the Caveator : Mr. Vikas Bahuguna, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The petitioner has preferred the present writ

petition, under Article 227 of the Constitution of India, to

assail the order dated 09.05.2022, passed by the learned 2nd

Additional Civil Judge (S.D.), Dehradun in O.S. No.724 of

2005, whereby the application under Order VI Rule 17 CPC of

defendant No.8/1 to 8/3 was allowed, as well as the order

dated 22.02.2023, passed by the learned 8th Additional

District Judge in Civil Revision No.70 of 2022, whereby the

petitioners' aforesaid revision petition against the order dated

09.05.2022 was rejected.

2. The submission of learned counsel for the

petitioners is that by way of amendment of the counter-claim

preferred by defendant no.8/1 to 8/3, they sought to amend

their counter-claim qua defendant nos.1 to 4/ petitioners

herein.

3. The impugned orders have been passed by the

Courts below in exercise of the jurisdiction vested in them. In

my view, there is neither excess of jurisdiction, nor failure to

exercise jurisdiction leading to grave injustice. The

jurisdiction under Article 227 of the Constitution of India is a

supervisory jurisdiction to ensure that the Courts below act

within the bounds of their jurisdiction. It is not for this Court

to correct errors of fact or law while exercising jurisdiction

under Article 227 of the Constitution.

4. I am, therefore, not inclined to entertain this writ

petition.

5. The writ petition is accordingly dismissed.

6. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

Dated: 21st March, 2023 NISHANT