Case Note & Summary
The case involved a civil appeal filed by the appellant against the Deputy Commissioner, Chitradurga District and others. The appellant sought to raise a plea of adverse possession for the first time before the Supreme Court, relying on a previous order from another civil appeal. However, the court noted that the appellant had not amended the original petition nor raised this issue in the lower courts, including the High Court. The court found no grounds to allow the appellant to introduce this new plea at this stage. Consequently, the Supreme Court dismissed the civil appeal, stating that it was not a fit case for exercising discretionary power under Article 136 of the Constitution. The dismissal was made with no order as to costs, and any interim orders were vacated.
Headnote
A) Constitutional Law - Discretionary Power - Limitation on Raising New Pleas - Constitution of India, Article 136 - The court held that the appellant could not raise the plea of adverse possession as it was not presented in the original petition or before the lower courts. The absence of any amendment or prior mention of this plea led to the dismissal of the appeal. Held that the appeal was not fit for consideration under Article 136 (Paras 1-2).
Issue of Consideration
Whether the appellant could raise the plea of adverse possession at this stage.
Final Decision
The Supreme Court dismissed the civil appeal with no order as to costs, stating it was not a fit case for exercising discretionary power under Article 136.
Law Points
- Discretionary power under Article 136
- adverse possession
- amendment to petition
