Baliram Agrawal vs Raunak Saluja
2023 Latest Caselaw 89 Chatt

                                       1

                                                                       NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                          W.P(227) No.4 of 2023
                                  1.
Baliram Agrawal S/o Shri Ramgopal Agrawal Aged About 44 Years R/o Bajrang
Chowk, Baloda Bazar, District : Balodabazar-Bhathapara, Chhattisgarh
                                                           ---- Petitioner
                                  Versus


1. Raunak Saluja S/o Surjeet Saluja Aged About 31 Years (The Legal
   Heirs/representative Of Original Defendant No. 1, Manjeet Kaur Saluja D/o
   Ajeet Singh, Aged -42 Years, Impleaded In Pursuance Of Order Dated 05-
   07-2022 Passed By Trial Court) R/o Jhopad Para, Near Station, Bilaspur,
   Chhattisgarh L.R.'s Of Defendant No. 1
2. Shubham Saluja S/o Surjeet Saluja Aged About 24 Years (The Legal
   Heirs/representative Of Original Defendant No. 1, Manjeet Kaur Saluja D/o
   Ajeet Singh, Aged -42 Years, Impleaded In Pursuance Of Order Dated 05-
   07-2022 Passed By Trial Court) R/o Jhopad Para, Near Station, Bilaspur,
   Chhattisgarh L.R.'s Of Defendant No. 1
3. Neha Saluja D/o Sujeet Saluja Aged About 33 Years (The Legal
   Heirs/representative Of Original Defendant No. 1, Manjeet Kaur Saluja D/o
   Ajeet Singh, Aged -42 Years, Impleaded In Pursuance Of Order Dated 05-
   07-2022 Passed By Trial Court) R/o Jhopad Para, Near Station, Bilaspur,
   Chhattisgarh L.R.'s Of Defendant No. 1
4. Surjeet Saluja (The Legal Heirs/representative Of Original Defendant No. 1,
   Manjeet Kaur Saluja D/o Ajeet Singh, Aged -42 Years, Impleaded In
   Pursuance Of Order Dated 05-07-2022 Passed By Trial Court) R/o Jhopad
   Para, Near Station, Bilaspur, Chhattisgarh L.R.'s Of Defendant No. 1
5. Simple Saluja S/o Nihal Singh Aged About 27 Years R/o Old Bus Stand
   Baloda Bazar, District- Baloda Bazar-Bhatapara, Chhattisgarh Defendant
   No. 2
6. Saran Kaur D/o Arjun Singh R/o Old Bus Stand Baloda Bazar, District-
   Baloda Bazar-Bhatapara, Chhattisgarh Defendant No. 3
7. Dilip Kaur Wd/o Mahinder Singh R/o Old Bus Stand Baloda Bazar, District-
   Baloda Bazar-Bhatapara, Chhattisgarh Defendant No. 4
8. Ranbir Kaur D/o Mahinder Singh R/o Old Bus Stand Baloda Bazar, District-
   Baloda Bazar-Bhatapara, Chhattisgarh Defendant No. 5
9. Jaspreet Kaur D/o Mahinder Kaur R/o Old Bus Stand Baloda Bazar, District-
   Baloda Bazar-Bhatapara, Chhattisgarh Defendant No. 6
10. Gopal Sahu S/o Late Makhan Sahu Aged About 37 Years R/o Purani Basti,
    Nahar Ke Pass, Baloda Bazar, District - Baloda Bazar-Bhatapara,
    Chhattisgarh
11. Mana Bai Wd/o Jablu Ram Aged About 57 Years The Legal
    Heirs/representative Of Original Defendant No.8, Substituted In Pursuance
    Of Order Dated 16-07-2018 Passed By Trial Court R/o Dotapar,
    Post/district-Baloda Bazar-Bhatapara, Chhattisgarh Defendant No. 8
12. Kisan Kurre S/o Jablu Ram Aged About 35 Years The Legal
    Heirs/representative Of Original Defendant No.8, Substituted In Pursuance
                                       2

   Of Order Dated 16-07-2018 Passed By Trial Court R/o Dotapar,
   Post/district-Baloda Bazar-Bhatapara, Chhattisgarh Defendant No.8
13. Santosh Kurre S/o Jablu Ram Aged About 36 Years The Legal
    Heirs/representative Of Original Defendant No.8, Substituted In Pursuance
    Of Order Dated 16-07-2018 Passed By Trial Court R/o Dotapar,
    Post/district-Baloda Bazar-Bhatapara, Chhattisgarh Defendant No.8
14. Hemant Kurre S/o Jablu Ram Aged About 18 Years The Legal
    Heirs/representative Of Original Defendant No.8, Substituted In Pursuance
    Of Order Dated 16-07-2018 Passed By Trial Court R/o Dotapar,
    Post/district-Baloda Bazar-Bhatapara, Chhattisgarh Defendant No.8
15. Manihaar S/o Jablu Ram Aged About 17 Years (Minor Through Mother
    Mana Bai, Respondent No.11) The Legal Heirs/representative Of Original

Defendant No.8, Substituted In Pursuance Of Order Dated 16-07-2018 Passed By Trial Court R/o Dotapar, Post/district-Baloda Bazar-Bhatapara, Chhattisgarh Defendant No.8

16. Naresh S/o Jablu Ram Aged About 13 Years (Minor Through Mother Mana Bai, Respondent No.11) The Legal Heirs/representative Of Original Defendant No.8, Substituted In Pursuance Of Order Dated 16-07-2018 Passed By Trial Court R/o Dotapar, Post/district-Baloda Bazar-Bhatapara, Chhattisgarh Defendant No.8

17. Mohini Kurre D/o Jablu Ram Aged About 12 Years (Minor Through Mother Mana Bai, Respondent No.11) The Legal Heirs/representative Of Original Defendant No.8, Substituted In Pursuance Of Order Dated 16-07-2018 Passed By Trial Court R/o Dotapar, Post/district-Baloda Bazar-Bhatapara, Chhattisgarh Defendant No.8

18. Savitri Kurre W/o Jablu Ram Aged About 35 Years The Legal Heirs/representative Of Original Defendant No.8, Substituted In Pursuance Of Order Dated 16-07-2018 Passed By Trial Court R/o Dotapar, Post/district-Baloda Bazar-Bhatapara, Chhattisgarh Defendant No.8

19. Manisha D/o Jablu Ram Aged About 18 Years The Legal Heirs/representative Of Original Defendant No.8, Substituted In Pursuance Of Order Dated 16-07-2018 Passed By Trial Court R/o Dotapar, Post/district-Baloda Bazar-Bhatapara, Chhattisgarh Defendant No.8

20. Kiran Kurre W/o Jugnu Aged About 37 Years The Legal Heirs/representative Of Original Defendant No.8, Substituted In Pursuance Of Order Dated 16- 07-2018 Passed By Trial Court D/o Jablu Ram R/o Village- Korba, District - Baloda Bazar-Bhatapara, Chhattisgarh, Defendant No.8

21. Bhagmati Kurre W/o Sant Aged About 22 Years The Legal Heirs/representative Of Original Defendant No.8, Substituted In Pursuance Of Order Dated 16-07-2018 Passed By Trial Court D/o Jablu Ram R/o Village- Latera, Batgan, District - Baloda Bazar-Bhatapara, Chhattisgarh, Defendant No.8

22. Jagdev S/o Kejuram R/o Village- Dotapar, Tehsil And District- Baloda Bazar-

Bhatapara, Chhattisgarh, Defendant No.9

23. Mantbai Wd/o Kejuram R/o Village- Dotapar, Tehsil And District- Baloda Bazar-Bhatapara, Chhattisgarh, Defendant No. 10

24. Revati D/o Itwari Satnami R/o Village- Dotapar, Tehsil And District- Baloda Bazar-Bhatapara, Chhattisgarh, Defendant No.11

25. Munni Bai D/o Itwari Satnami R/o Village- Dotapar, Tehsil And District-

Baloda Bazar-Bhatapara, Chhattisgarh, Defendant No.12

26. Jaamvantin Bai D/o Itwari Satnami R/o Village- Dotapar, Tehsil And District-

Baloda Bazar-Bhatapara, Chhattisgarh, Defendant No.13

27. Bhoga Bai D/o Itwari Satnami R/o Village- Dotapar, Tehsil And District-

Baloda Bazar-Bhatapara, Chhattisgarh, Defendant No.14

28. Potin Bai D/o Itwari Satnami R/o Village- Dotapar, Tehsil And District-

Baloda Bazar-Bhatapara, Chhattisgarh, Defendant No.15

29. State Of Chhattisgarh Through Collector, Baloda Bazar-Bhatapara, Chhattisgarh ---- Respondents

For Petitioner: Shri Sanjay Patel, Advocate.

For Respondent No.29/State: Shri Sushil Sahu, PL.

Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 05.01.2023

1. This Petition is directed against the order dated 25.11.2022 passed by the

1st Civil Judge, Class-1, Baloda Bazar, District Balodabazar-Bhatapara in Civil

Suit No.1-A/2018 whereby, the application filed by the legal heirs of Defendants

No.1,2 5 & 6 under Order 6 Rule 16 CPC to struck off some pleadings made in

the Plaint, has been allowed.

2. Learned Counsel for the Petitioner submits that the Petitioner/Plaintiff has

filed a Civil Suit for declaration of title and permanent injunction stating that he

has purchased a suit property from original Defendant No.7-Gopal Sahu on

14.09.2007 and mutated his name in the revenue records. It is pleaded that for

the same land, a Civil Suit bearing No.61-A/1983 was filed by Smt Ram Pyari Bai

against Keju Ram and others in the Court of Civil Judge, Class-2, Baloda Bazar,

which was decided on 10.01.1986 and against the said judgment and decree,

Keju Ram and another filed a Civil Appeal bearing No.39-A/1998 against Arjit

Singh and others in the Court of 2nd Additional District Judge, Baloda Bazar to the

Court of District Judge, Raipur which was decided on 24.07.1998 and Keju Ram

filed Second Appeal No.711/1998 before the High Court and in the said case, the

parties have settled their dispute amicably and have not pressed the Appeal,

therefore, the matter was dismissed vide order dated 04.01.2013. He further

submits that in the said litigation, the present Petitioner/Plaintiff was not a party,

therefore, the orders/judgments and decrees are not binding upon the Plaintiff for

which, pleading was made but the trial Court has struck off the same in an

erroneous manner, hence this Petition. He further submits that the impugned

order is not sustainable as the parameters for striking off the pleadings have

been mentioned under Order 6 Rule 16 CPC and no such ground was attracted

and the pleadings made by the Plaintiff are just and proper as he has challenged

the earlier orders and decrees. He fairly submits that in stead of praying for such

a relief in the Plaint, the same should have been amended as the said decree

was not binding upon the present Petitioner/Plaintiff and he may be given liberty

to amend such pleading.

3. Shri Sahu submits that State is a formal party.

4. Heard learned Counsel for the Petitioner and also perused the documents

annexed with the Petition carefully.

5. Considering the prayer made above, service of notice upon the

Respondent is dispensed with.

6. It is not disputed that the present Petitioner/Plaintiff made an averment in

the Plaint that he is not a party to the earlier suit, therefore, on such basis, he has

filed the present case challenging the earlier judgment and order which is not

binding upon him, therefore, on such premises, the pleadings made by the

Petitioner/Plaintiff are necessary to resolve the controversy, therefore, the order

impugned is not sustainable and is hereby set aside.

7. In view of above, the Petitioner/Plaintiff is at liberty to amend the pleadings

in the relief clause by filing a suitable application stating that the earlier judgment

and decree is not binding upon him.

8. With the aforesaid observation, the instant Writ Petition stands disposed

of.

Sd/-

(Deepak Kumar Tiwari) Judge Priya