Madhya Pradesh High Court
Suo Moto In The Mateer Of Smt. ... vs Lakhanlal Bhargava on 9 June, 2021
Author: Rajeev Kumar Shrivastava
-( 1 )- RP No. 415/2021
Smt. Ramabai (since deceased) & Ors. vs. Lakhanlal Bhargava
HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR
Review Petition No. 415/2021
Gwalior, dated 09/06/2021
This is a suo motu review petition registered
by the Registry of this Court on the basis of Office note
dated 05/04/2021, whereby it has been pointed out that
certain typographical mistakes have been crept in the
judgment passed by this Court on 19 t h March, 2021 in
Second Appeal No. 470/2001 (Smt. Ramabai (since
deceased) & others vs. Lakhanlal Bhargava), which was
preferred by the plaintiffs challenging the judgment and
decree dated 03.08.2001 passed by Ninth Additional District
Judge, Gwalior in Civil Appeal No.77A/1999, which was filed
assailing the judgment and decree dated 12.10.1999 passed by
Eleventh Civil Judge Class-2, Gwalior in Civil Suit No.
180A/1994.
2. From perusal of the judgment dated 19 th March, 2021
passed by this Court, it is apparent that in paragraphs 2, 4, 5 the
date of the document (Ex.P/1) has wrongly been typed as
"30.11.1961" in place of "30.10.1961". Similarly, para 15 of the
judgment is required to be modified and one paragraph is also
required to be inserted before para 15 of the judgment.
3. In view of above, it is directed that the date of
document (Ex.P/1) be read as '30.10.1961' in place of
'30.11.1961' in paragraphs 2, 4, 5 of the judgment dated
19.03.2021
in Second Appeal No. 470/2001. Likewise, in sixth
line of paragraph 13 of the judgment the word 'pledge' be read in
place of word 'pledged'.
-( 2 )- RP No. 415/2021
Smt. Ramabai (since deceased) & Ors. vs. Lakhanlal Bhargava
4. Similarly, para 15 of the aforesaid judgment shall
stand omitted and following paragraphs are added after para 14 of
the aforesaid judgment :-
"15. In the light of above discussion, in the
opinion of this Court, the trial Court has
rightly decided that the transaction dated
30.10.1961 was a pledge. As the document
fulfills the conditions of Section 58(c) of
Transfer of Property Act, therefore the trial
Court has rightly decreed the suit in favour
of the plaintiff.
16. So far as the substantial question No.2
is concerned, as per Gazette Notification
dated 1.4.1983, unskilled labour was
exempted from payment of court fees
considering the income less than Rs.6000/-
per year and no evidence in rebuttal to it was
adduced. Therefore, the trial Court has
rightly decided the aforesaid issue in favour
of the plaintiff.
17. Resultantly, the appeal filed by the
appellants/plaintiffs is hereby allowed and
the judgment and decree dated 03.08.2001
passed by Ninth Additional District Judge,
Gwalior in Civil Appeal No.77A/1999 is
hereby set aside by affirming the judgment
and decree dated 12.10.1999 passed by
Eleventh Civil Judge Class-2, Gwalior in
Civil Suit No. 180A/1994."
-( 3 )- RP No. 415/2021
Smt. Ramabai (since deceased) & Ors. vs. Lakhanlal Bhargava
5. Accordingly, suo motu review petition is disposed of.
This order shall form the part of the judgment dated 19 t h March,
2021 in Second Appeal No. 470/2001 (Smt. Ramabai
(since deceased) & others vs. Lakhanlal Bhargava ).
Let a copy of the order be kept in record of
disposed of Second Appeal No. 470/2001.
(Rajeev Kumar Shrivastava)
pwn* Judge.
Pawan Kumar
2021.06.10
16:33:55
+05'30'
