Dictation-1 | 100-120 WPM | 500 Words | Delhi Court PA/SPA | 120 WPM Target

📌 Bhumika Shorthand Nation | Delhi Court PA/SPA Special 🎯 Speed: 100-120 WPM 📝 DICTATION MATTER FOR PRACTICE 👇 It is a settled principle of law that the power of judicial review vested in the High Court under Article 226 of the Constitution of India is extraordinary, equitable, and discretionary in nature. The jurisdiction is not intended to replace the findings of fact recorded by a competent tribunal or inferior authority unless such findings are shown to be perverse, arbitrary, or suffering from a patent error of law. In the present matter, the petitioner has approached this Court challenging the order passed by the learned trial court dismissing the application for amendment of the written statement. The primary ground urged by the learned counsel for the petitioner is that the proposed amendment is necessary for the proper and effective adjudication of the real controversy between the parties and will not change the basic nature of the suit. Per contra, the respondent has strongly opposed the prayer, contending that the application has been moved at a belated stage of the proceedings, merely to delay the trial after the evidence of the plaintiff has already concluded. We have heard the rival submissions advanced by the counsel appearing for the respective parties and have carefully perused the material available on record. It is well established that under Order VI, Rule 17 of the Code of Civil Procedure, the court may allow either party to alter or amend his pleadings at any stage of the proceedings in such manner and on such terms as may be just. However, a proviso has been added by way of amendment which mandates that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. In the case at hand, the suit was instituted several years ago, and the issues were framed way back in the year preceding the current proceedings. The defendant has failed to demonstrate any plausible or satisfactory reason as to why the facts now sought to be incorporated were not pleaded earlier. Allowing such an amendment at this belated juncture would cause grave and irreversible prejudice to the plaintiff, who cannot be compensated adequately in terms of costs. Having regard to the totality of the circumstances and the facts of the case, this Court is of the considered opinion that the impugned order passed by the trial court does not suffer from any illegality, material irregularity, or jurisdictional error warranting interference in exercise of the supervisory jurisdiction. The petition is, accordingly, dismissed along with the pending application, with no order as to costs. Let a copy of this order be communicated to the concerned court below for information and compliance. --- 🔔 Subscribe for Daily Dictations #shorthand #stenographer #bhumikashorthand #delhicourt #dictation #100wpm #120wpm #courtmatter