In Panpati Devi v. Ram Barat Ram), the petitioner contested the order of the appellate court, rejecting their petition for amendment of pleadings under Order VI Rule 17 read with Section 151 CPC. The appellant court rejected the application insomuch as the amendment is extraneous for the purpose of adjudication of the appeal.
The Single Bench of Jharkhand High court while considering a writ petition under Article 227 held that the High court cannot interfere with order of inferior courts or tribunals to correct mere errors of fact or law while exercising the power under Article 227.
The bench after drawing its attention to several Supreme Court decisions succinctly observed that the High Court under Article 227 cannot assume unlimited prerogatives to correct all species of hardship or wrong decisions. Further, the court held that the power under Article 227 must not be exercised unless there has been an unwarranted assumption of jurisdiction by the court or tribunal or gross abuse of jurisdiction or unjustifiable refusal to exercise jurisdiction vested in the courts or tribunals.
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