No doubt, when there existed no ground of challenge on merits in the writ petition, High Court could not have adverted to it. We are also conscious of the fact that if a party is allowed to seek amendment in the grounds of appeal or writ petition after its disposal, it can lead to abuse of process of law, and the parties would not let the proceedings come to an end. As such, we are not inclined to allow the Appellants to add grounds in writ petition by way of amendment, after its disposal. However, considering the peculiar facts and circumstances of the present case, we are of the view that to do complete justice between the parties, the matter needs to be remitted to the appellate court, as the reasons given by said court reversing the findings of the trial court, are not sufficient, and do not answer properly the issues raised in the appeals.
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 9190-9191 of 2015 (Arising out of S.L.P. (C) Nos. 21952-53 of 2014)
Decided On: 16.11.2015
Vishwanath Dadu Gurav and Ors. Vs. Dattatray Ganapati Gurav
Hon'ble Judges/Coram:
Dipak Misra and Prafulla C. Pant, JJ.
Citation: (2016) 15 SCC 671.
