Extracted from the PDF above. The PDF is authoritative.
2026:HHC:37917 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. :
279 of 2026 Decided on : 07.09.2026 Shri Lakshmi Narain Mandir & Shivala …Petitioner Versus Suresh Kumar …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Sanjeev K. Suri, Advocate. For the respondent : Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate. Virender Singh, Judge (Oral) Petitioner has filed the present petition, under Article 227 of the Constitution of India, against the order dated 15.05.2026, passed by the Court of learned Senior Civil Judge, Court No.1, Amb, District Una, H.P. (hereinafter referred to as the ‘trial Court’), in CMA No. 436 of 2025 in Civil Suit No.207I2017, titled as ‘Shri Lakshmi Narain Mandir & Shivala versus Suresh Kumar’.
2. By way of order dated 15.05.2026, the learned trial Court has dismissed the application filed, under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2026:HHC:37917 referred to as ‘the CPC’), filed by the petitioner, in the above titled case.
3. Parties to the present lis are hereinafter referred to, in the same manner, in which, they were referred to, by the learned trial Court.
4.
Brief facts, leading to the filing of the present petition, before this Court, as borne out from the documents annexed with the petition, may be summed up, as under:
4.1. Plaintiff has filed the suit for permanent injunction restraining the defendant from raising any sort of construction by encroaching upon and asserting any right, title or interest whatsoever over the land measuring 00923 hectares bearing Khewat No.523 min, Khatoni No.1014, Khasra No.2874, as entered in the jamabandi for the year 20122013, situated in village Bhanjal Tehsil Ghanari, District Una, over the portion marked by letters EFGH as shown in red colour, in the site plan attached with the plaint (hereinafter referred to as ‘the suit land’). 4.2. The plaintiff has also sought the relief of mandatory injunction directing the defendant to close the
3 2026:HHC:37917 gate between point F and G and for possession of vacant land by demolition of construction and wall ABGHC by removal of encroachment over the suit land. 4.3. As per the plaintiff, the said suit has been filed on the ground that the deity Lakshmi Narain and Shivala are perpetual minors and the General Public of Village Bhanjal Lower used to pay obeisance to the deity since time immemorial. Inhabitants of village have constituted a committee for the smooth running of the institution and for the welfare of the deity and to manage the affairs of the temple, vide resolution dated 10.06.2017. 4.4. It is the further case of the plaintiff that the committee has authorized Pramod Kumar to file suit for redressal of the grievances, as mentioned in the plaint, asserting the fact that the defendant has no right to interfere in the above titled case, however, the defendant, after allegedly purchasing the house of Vijay Singh, has raised the construction of his building and at that time, he kept quite and in a secret manner, in the month of June 2017, has forcibly raised some portion of construction over
4 2026:HHC:37917 the boundary wall of temple and also forcibly opened the gate towards the compound and courtyard of temple. 4.5. According to the plaintiff, the defendant has forcibly encroached the path marked as ABCDEF and has raised boundary wall of temple at point ABCG and has also put gate on the wall, encroached upon by him at point F and G. The defendant has further tried to encroach the portion marked GCDEF. 5.
On the basis of the above facts, a prayer has been made to decree the suit. 6. When put to notice, the defendant filed the written statement, by taking the preliminary objections, qua maintainability of the suit; plaintiff has no cause of action; Pramod Kumar Sharma is not authorized to file the suit; suit is bad for misjoinder and nonjoinder of necessary parties; plaintiff has concealed the true and material facts and has not approached the Court with clean hands; and the suit is liable to be dismissed with exemplary cost under Section 35A CPC. 5 2026:HHC:37917
6.1. On merits, the existence of the temple has not been disputed, however, the allegations with regard to the encroachment have specifically been denied. 6.2. It is the further case of the defendant that the land in question is Abadi Deh, comprising Khewat No.523. Earlier the relative of Pramod Kumar, namely Agya Ram, filed the suit against the father of the defendant along with his brothers about the Abadi Deh land, which was dismissed on 28.02.2001. 6.3. All these facts have been pleaded to demonstrate that the plaintiff is hellbent to harass the defendant’s family on the one pretext or the other. 7. During the pendency of the lis, on 07.11.2023, an application under Order 23 Rule 1 (3) read with Section 151 of the CPC, has been filed seeking permission to withdraw the suit with liberty to file afresh on the same cause of action. The said application was dismissed by the learned trial Court on 23.09.2025 and thereafter, the case was ordered to be listed for PWs. 6 2026:HHC:37917
8. Thereafter, the plaintiff has filed application, under Order 6 Rule 17 of the CPC with a prayer to insert the following paragraph 4A in the plaint:
“4A. That authorized person of committee Sh Parmod Kumar is a senior citizen and he remained under medical observation for long time due to heart related problem in year 2024
25.
Knowing his condition, defendant who is very clever and quarrelsome person during the pendency of suit found an opportunity to further encroach upon the vacant land over the suit land and in the month of June 2024, he raised a tin posh shed marked by letters MNOP of dimension 4 x 3 sq. meter as shown in green colour in the site plan of plaintiff. Not only this defendant also got installed an electricitymeter over this in posh shed claiming himself as the owner of suit land, without the knowledge and consent of plaintiff Again on 15062025 defendant with the help of labourers and masons dug up the foundation over vacant portion of suit land and forcibly raised iron pillars over the vacant portion of suit land in order to raise further construction near Masjid, such construction is being marked by letters UKL as shown in blue colour in the site plan of plaintiff, photographs were also clicked on the spot. When defendant was requested to stop from carrying on any construction over the suit land but defendant alongwith associates attacked the nearby residents with sharp weapons. An FIR No. 74 dated 15062025 has also been registered with police station Amb. 9. In addition to this, the following amendments have also been sought to be incorporated, in the plaint: i)
"and to remove the tin posh shed marked by letters MNOP as shown in green colour and
7 2026:HHC:37917 foundation with iron pillars over the vacant portion of suit land marked by letters IJKL as shown in blue colour in the site plan of plaintiff", ii) That in the head note as well as prayer clause of the plaint dat to typographical mistake, it has been wrongly written as letters "ABGHC", hence the applicant/plaintiff wants to written the correct letters as "ABCG" in place of "ABGHC". 10. The proposed amendments are stated to be necessary for the just adjudication of the case and according to the plaintiff, those amendments could not be sought earlier despite due diligence. 11.
When put to notice, this application has been contested by the defendant. 12. The learned trial Court, vide order dated 15.05.2026, has dismissed the application. 13. Feeling aggrieved from the said order, the plaintiff has filed the present petition, before this Court, assailing the order by virtue of which, the learned trial Court, has dismissed the application under Order 6 Rule 17 CPC, on the ground, that the proposed amendment is based upon the subsequent events as, according to them, in the month of June 2024, the defendant encroached upon the suit land and raised a tin posh shed. Not only
8 2026:HHC:37917 this, on 15.06.2025, he dug up a foundation and raised iron pillars for further construction. In this regard, FIR No.74, dated 15.06.2025, was also registered. 14. On the basis of the above facts, Mr. Sanjeev K. Suri, Advocate, appearing for the plaintiff has prayed that the order dated 15.05.2026, by virtue of which, the application under Order 6 Rule 17 CPC has been dismissed, may kindly be set aside and the application may kindly be allowed, as prayed for. 16. Per contra, Mr. N.K. Thakur, Senior Advocate, assisted by Mr. Divya Raj Singh, Advocate, appearing for the defendant, has argued that the plaintiff is playing hide and seek as, at one point of time, he has sought withdrawal of the suit, by filing application, under Order 23 Rule 1(3) CPC and when, the said application has been dismissed, he has filed application, under Order 6 Rule 17 CPC, under the garb of subsequent events, whereas, the lis is pending for PWs before the learned trial Court, and the issues, in this case were framed way back on 27.05.2019. As such, a prayer has been made to dismiss the petition. 9 2026:HHC:37917
17. Admittedly, the application, under Order 6 Rule 17 CPC, has been filed, at the stage, when, the lis was pending for PWs. Meaning thereby, the trial has commenced. The provisions of Order 6 Rule 17 CPC, are reproduced, as under:
“17. Amendment of pleadings.
The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the read questions in controversy between the parties: Provided 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.”
18. The legislature, in its wisdom, has put the embargo upon the rights of the parties to amend the pleadings after commencement of trial. 19. The proviso to Order 6 Rule 17 CPC, has elaborately been discussed by the Hon’ble Supreme Court in Life Insurance Corporation of India versus Sanjeev Builders Pvt. Limited and another, (2022) 16 SCC 1. Relevant para 71.2, of the judgment, is reproduced, as under:
10 2026:HHC:37917
“71.2 All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side. This is mandatory, as is apparent from the use of the word “shall”, in the later part of Order 6 Rule 17 CPC.” (self emphasis supplied)
20. Admittedly, the plaintiff, at one point of time, has filed an application, under Order 23 Rule 1(3) CPC for withdrawal of the suit, on the ground of formal defect, and when the said application has been dismissed, he filed application, under Order 6 Rule 17 CPC, with a prayer to permit the plaintiff to amend the pleadings. 21. The averments of newly added para 4A is stated to be based upon the subsequent events, but, mere registration of FIR No.74, dated 15.06.2025, does not authorize the plaintiff to amend the suit, as per its sweet will. 22.
The learned trial Court has considered the entire factual position while dismissing the application and by no stretch of imagination, the findings of the learned trial Court, can be said to be falling under the definition of ‘perverse findings’. As such, it cannot be held that the learned trial Court has wrongly exercised the jurisdiction
11 2026:HHC:37917 vested in it or failed to exercise the jurisdiction vested in it, while dismissing the application under Order 6 Rule 17 CPC. 23. The plaintiff is before this Court, under Article 227 of the Constitution of India. Hon’ble Supreme Court in
“K. Valarmathi & Others versus Kumaresan, 2025 INSC 606” has elaborately discussed the scope of interference, under Article 227 of the Constitution of India. Relevant para 9 of the judgment, is reproduced, as under:
“Essence of the power under Article 227 being supervisory, it cannot be invoked to usurp the original jurisdiction of the court which it seeks to supervise. Nor can it be invoked to supplant a statutory legal remedy under the Civil Procedure Code, 1908. For example, existence of appellate remedy under Section 96 of the Code operates as a near total bar to exercise of supervisory jurisdiction under Article 227.”
24. In a recent decision in “Nandi Infrastructure Corridor Enterprises Ltd. & Another versus B. Gurappa Naidu & Others, 2026 INSC 434”, the scope of interference has again been explained by the Hon’ble Supreme Court. Relevant paragraph 35 of the judgment, is reproduced, as under:
12 2026:HHC:37917
“35. In short, the principles laid down in the above matters is as follows: a) The power of superintendence under Article 227 is not to be exercised unless there has been an (a) unwarranted assumption of jurisdiction, not vested in Court or tribunal, or (b) gross abuse of jurisdiction or (c) an unjustifiable refusal to exercise jurisdiction vested in Courts or tribunals. b) It is also well settled that the High Court while acting under this Article cannot exercise its power as an appellate court or substitute its own
judgment in place of that of the subordinate court to correct an error, which is not apparent on the face of the record. c) The High Court exercising supervisory jurisdiction does not act as a court of first appeal to reappreciate, reweigh the evidence or facts upon which the determination under challenge is based. Supervisory jurisdiction is not to correct every error of fact or even a legal flaw when the final finding is justified or can be supported. The High Court is not to substitute its own decision on facts and conclusion, for that of the inferior court or tribunal.”
25. Moreover, under Article 227 of the Constitution of India, this Court cannot reassess or review the material, which was taken into consideration, by the learned trial Court. While holding so, the view of this Court is being guided, by the decision of Hon’ble Supreme Court, in Vinay Raghunath Deshmukh versus Natwarlal Shamji Gada and another, 2026 INSC 416. Relevant paragraph16 of the judgment is, reproduced, as under:
13 2026:HHC:37917
“16. Yet another aspect that goes to the root of the matter is that the tenants challenged the order passed by the Appellate Bench permitting the amendment by filing a writ petition under Article 227 of the Constitution of India. It is well settled that in exercise of such jurisdiction, it would not be open for the High Court to review or reassess the material that was taken into consideration by the Court while passing the impugned order. In this regard we may usefully refer to the decision in Raj Kumar Bhatia Vs. Subhash Chander Bhatia, wherein a three Judge Bench of this Court held as under:
“11 ……The High Court has in the exercise of its jurisdiction under Article 227 of the Constitution entered upon the merits of the case which was sought to be set up by the appellant in the amendment. This is impermissible. Whether an amendment should be allowed is not dependent on whether the case which is proposed to be set up will eventually succeed at the trial. In enquiring into merits, the High Court transgressed the limitations on its jurisdiction under Article 227.
In Sadhna Lodh v National Insurance Company4, this Court has held that the supervisory jurisdiction conferred on the High Court under Article 227 is confined only to see whether an inferior court or tribunal has proceeded within the parameters of its jurisdiction. In the exercise of its jurisdiction under Article 227, the High Court does not act as an appellate court or tribunal and it is not open to it to review or reassess the evidence upon which the inferior court or tribunal has passed an order. The Trial Court had in the considered exercise of its jurisdiction allowed the amendment of the written statement under Order 6 Rule 17 of the CPC. There was no reason for the High Court to interfere under Article 227.” Thus, the discretion exercised by the Appellate Bench while allowing the amendment was not liable to be interfered with in exercise of the Article 227 of the Constitution of India, especially when there was no error of jurisdiction nor a statutory bar for permitting the plaint to be amended based on subsequent events.” (Self emphasis supplied)
14 2026:HHC:37917
26. In view of the above, this Court is of the view that the order passed by learned trial Court does not require any interference. Consequently, the present petition is dismissed. 27. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits, of the case pending adjudication before the learned trial Court, as these observations are confined, only, to the disposal of the present petition. Pending application(s), if any, shall also stand(s) disposed of. ( Virender Singh ) September 07, 2026( ps ) Judge