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 disposed of on merits. Thereafter, the petitioner filed an application under Order 6 Rule 17 read with Section 152 of the Code of Civil Procedure, 1908 (CPC) in the disposed of appeal, seeking amendment of the plaint. The District Judge rejected the application by order dated 19.7.2014, holding that the court had become functus officio and could not entertain any application after the disposal of the appeal. Aggrieved, the petitioner filed the present writ petition under Articles 226 and 227 of the Constitution of India. The High Court examined the issue and found that the appellate court had no jurisdiction to entertain the application after the appeal was disposed of. The court noted that once a judgment is pronounced and the appeal is disposed of, the court becomes functus officio and cannot review or alter its own decree except as provided by law. The inherent power under Section 151 CPC cannot be used to revive a disposed matter. The High Court held that the District Judge was correct in rejecting the application. The writ petition was dismissed as devoid of merits.
Headnote
A) Civil Procedure - Amendment of Pleadings - Order 6 Rule 17 read with Section 152 CPC - Maintainability after disposal - The petitioner, plaintiff in the original suit, filed an application for amendment of the plaint after the appeal was disposed of. The District Judge rejected the application on the ground that the court had become functus officio. The High Court upheld the rejection, holding that once an appeal is disposed of, the appellate court cannot entertain any application for amendment as it has no jurisdiction to review or alter its own decree except as provided by law. (Paras 1-5) B) Civil Procedure - Functus Officio - Inherent Powers - Section 151 CPC - The court held that the inherent power under Section 151 CPC cannot be invoked to revive a matter that has been finally disposed of. The application under Order 6 Rule 17 read with Section 152 CPC was rightly rejected as the court had no power to entertain it after the appeal was disposed of. (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
- Amendment after disposal of appeal not maintainable
- functus officio
- Order 6 Rule 17 CPC
- Section 152 CPC
- inherent power cannot revive disposed matter
