Gujarat High Court
Hirji Govind Jesani vs Legal Heirs Of Govind Ramji Jesani on 20 June, 2024
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C/SCA/2460/2024 JUDGMENT DATED: 20/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2460 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE J. C. DOSHI
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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HIRJI GOVIND JESANI & ANR.
Versus
LEGAL HEIRS OF GOVIND RAMJI JESANI & ORS.
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Appearance:
MR AR THACKER(888) for the Petitioner(s) No. 1,2
SHIVANG A THACKER(7424) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1
MR DHRUV H CHAUDHARY(12328) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1.1,1.2,1.3,3
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 20/06/2024
ORAL JUDGMENT
1. In this petition, the petitioner has claimed following
reliefs :-
"A) To admit and allow this petition.
(B) To issue a writ of mandamus or a writ in the nature of
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C/SCA/2460/2024 JUDGMENT DATED: 20/06/2024
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certiorari, or a writ in the nature of certiorari, or any other
appropriate writ, order or direction, and set aside the
orders dated 2.3.2023 (Annexure-E) and order dated
25.11.2023 passed below Ex.84 in Regular Civil Suit
No.117 of 2015 by Learned Principal Senior Civil Judge,
Bhuj (Annexure- and further be pleased to order amended
plaint to be taken on record of Regular Civil Suit No. 117 of
2015.
(C) Pending admission, hearing and final disposal of the
above Special Civil Application, to stay the further
proceedings of Regular Civil Suit No.117 of 2015 pending
on the file of Learned Principal Senior Civil Judge, Bhuj.
(D) The Hon'ble Court may kindly be pleased to grant any
other appropriate relief as the nature circumstances of the
case may require."
2. Limited issue involved in the matter is such that plaintiff
preferred application Exh.73 in Regular Civil Suit No.117 of
2015 under Order 1 Rule 10 of CPC to join proposed defendant.
The application was allowed on 13.01.2023 and accordingly, the
plaintiff carried amendment in the cause title and joined
proposed party as defendant. Then subsequently, the plaintiff
has filed amended plaint for administrative purpose on
02.03.2023. Learned Trial Court taking hyper technical view
rejected to taken on record amended plaint. Therefore, this
petition.
3. Heard learned advocates for the respective parties.
4. This Court is deprecating the order passed by the learned
Trial Court taking hyper technical view, without understanding
provision of Order 6 Rule 18 of CPC as well as ratio laid down in
judgment of Hon'ble Apex Court in the case of Union Of India
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Versus Pramod Gupta (Dead) By Lrs. [(2005) 12 SCC 1]. This
Court is unable to understand by denying to take amended
plaint on record, what learned Trial Court was intending to do.
Placing typed copy of the amended plaint on record is just for
administrative necessity and to facilitate Court proceedings.
Amendment in the pleading is covered by Order 6 Rule 7 of CPC
but joining of party is covered by Order 1 Rule 10 of CPC. There
is illusive difference between both the provision, amending cause
title of the suit subsequent to adding of party is not amendment
in the pleading as defined in Order 6 Rule 17 of CPC. In view of
Order 6 Rule 18 of CPC amendment in the plaint has to be
carried within time limit, once amendment is allowed, but CPC
does not provide any provision to carry out amendment in the
cause title, once party is joined. In the present case, plaintiff has
carried out amendment in the cause title as soon as order to join
3rd party has been made but could not file typed copy of the
amended plaint till 02.03.2023.
5. Even learned Trial Court failed to take notice of judgment
of this Court in the case of Amad Noormamad Madakia v/s.
Ghanchi Ismail Hasan Madakia [2023 JX(Guj) 805].
6. In view of above, hyper technical view taken by the learned
Trial Court is deprecated and condemned and such hyper
technical view taken by the learned Trial Court requires to be
interfered and such infirmity taken place has to be set aside.
7. For the foregoing reasons, the petition is allowed. Typed
copy of the amended plaint is permitted to be produced on
record of Trial Court in Regular Civil Suit No.117 of 2015.
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Learned Trial Court shall keep typed copy of the amended plaint
as Mark-A. Vide order dated 15.02.2024 Co-ordinate Bench of
this Court directed the petitioner to deposit Rs.10,000/-. Said
amount of Rs.10,000/- shall be be transmitted to Gujarat State
Legal Services Authority. Registry to do needful.
(J. C. DOSHI,J)
SATISH
