Smt. Kalpana Choubey vs Girish Pandey
2021 Latest Caselaw 8261 MP

                                      1                                MP-4396-2021
          The High Court Of Madhya Pradesh
                    MP No. 4396 of 2021
              (SMT. KALPANA CHOUBEY AND OTHERS Vs GIRISH PANDEY AND OTHERS)


Jabalpur, Dated : 04-12-2021
       Shri Imtiaz Hussain, learned counsel for the petitioner.

       Heard on admission as well as on I.A.No.12442/2021.
       In the instant petition filed under Article 227 of the Constitution of
India the petitioner has challenged the order dated 27.11.2021 and 11.11.2021
passed by learned 20th Additional District Judge, Jabalpur rejecting the

application filed under Order 22 Rule 4(2) of the CPC on behalf of the
petitioner.
       Learned counsel for the petitioner submits that the Court has
committed an error while rejecting the application as not permitting the
petitioner to file additional written statement to the counter claim. In support
of his submission he has placed reliance to the judgment passed by the
Supreme Court in the case of Sumtibai and others Vs. Paras Finance Co.
and others (2007) 10 SCC 82 whereby in para 4 it has been held that the
legal representatives of the party should be permitted to file additional written

statement and should be allowed to take such plea which are available to
them. The Court has further expressed that the parties have right to take plea
he/she wants to take.
       Considering the aforesaid submission, issue notice to the respondents

on payment of P.F within seven working days by both modes, returnable in six weeks. Failing which, the petition shall stand dismissed without further reference to the Court.

Till the next date of hearing, further proceedings of Civil Suit No.1- A/2013 pending before 20th Additional District Judge, Jabalpur shall remain stayed.

C.C as per rules.

(VIJAY KUMAR SHUKLA) JUDGE 2 MP-4396-2021 anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2021.12.04 15:44:50 IST