Case Note & Summary
The petitioner, Smt. Suguna, was the plaintiff in O.S. No. 234/2006 on the file of the II Additional Senior Civil Judge, Bengaluru Rural District. The suit was decreed in her favor. The respondents, who were the defendants, filed an appeal in R.A. No. 3/2014 before the Principal District and Sessions Judge, Bengaluru Rural District. The appeal was dismissed on merits. After the disposal of the appeal, the petitioner filed an application under Order 6 Rule 17 read with Section 152 of the Code of Civil Procedure, 1908 (CPC) seeking amendment of the plaint. The District Judge rejected the application by order dated 19.7.2014. Aggrieved, the petitioner filed the present writ petition under Articles 226 and 227 of the Constitution of India. The High Court examined the maintainability of the application. It noted that the application was filed after the appeal was disposed of. The court held that once the appeal is disposed of, the appellate court becomes functus officio and cannot entertain an application under Order 6 Rule 17 CPC. The court further held that Section 152 CPC is limited to correction of clerical or arithmetical mistakes and cannot be used to amend pleadings. The writ petition was dismissed as devoid of merits.
Headnote
A) Civil Procedure - Amendment of Pleadings - Order 6 Rule 17 CPC - Application after disposal of appeal - The petitioner, plaintiff in the original suit, filed an application under Order 6 Rule 17 read with Section 152 CPC in a disposed of appeal seeking amendment of the plaint. The District Judge rejected the application. The High Court held that once the appeal is disposed of, the appellate court becomes functus officio and cannot entertain an application under Order 6 Rule 17 CPC. The application was not maintainable. (Paras 1-5) B) Civil Procedure - Correction of Errors - Section 152 CPC - Scope - Section 152 CPC is limited to correction of clerical or arithmetical mistakes or errors arising from accidental slip or omission. It cannot be used to amend pleadings or introduce new facts. The application in the present case sought to amend the plaint, which is beyond the scope of Section 152. (Paras 3-5) C) Civil Procedure - Functus Officio - Doctrine - Once a court has disposed of a matter, it becomes functus officio and cannot entertain applications for amendment of pleadings. The appellate court had already decided the appeal and could not reopen the proceedings under Order 6 Rule 17 CPC. (Paras 4-5)
Issue of Consideration
Whether an application under Order 6 Rule 17 read with Section 152 of the Code of Civil Procedure, 1908 is maintainable in a disposed of appeal.
Final Decision
The writ petition is dismissed. The order dated 19.7.2014 passed by the Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru, rejecting the application under Order 6 Rule 17 read with Section 152 CPC in R.A. No. 3/2014 is upheld.
Law Points
- Order 6 Rule 17 CPC cannot be invoked after disposal of appeal
- Section 152 CPC is for correction of clerical/arithmetical errors only
- amendment of pleadings not permissible after disposal of suit or appeal
