Ghanshyam Singh Judev vs Smt. Hemlata Singh
2021 Latest Caselaw 4957 MP

Citation : 2021 Latest Caselaw 4957 MP
Judgement Date : 2 September, 2021

Madhya Pradesh High Court

Ghanshyam Singh Judev vs Smt. Hemlata Singh on 2 September, 2021

Author: Anand Pathak

                                                                                   1                               MP-2797-2021
                                              The High Court Of Madhya Pradesh
                                                         MP-2797-2021
                                                             (GHANSHYAM SINGH JUDEV Vs SMT. HEMLATA SINGH AND OTHERS)

                  1
                  Gwalior, Dated : 02-09-2021
                                        Shri Pratip Visoriya, learned counsel for the petitioner.
                                        None present for the respondents.

Heard on admission and interim relief.

Present petition has been preferred by the petitioner against the order dated 11.08.2021 passed by the trial court whereby application under Order 6

Rule 17 of CPC preferred at the instance of respondents No.1 and 2 as plaintiff has been allowed.

It is the grievance of the petitioner that trial court committed illegality in allowing the application because by way of amendment application, plaintiffs intend to incorporate the pleadings dates back to the year 1978 and barred by time. Beside that, from the pleadings, plaintiffs intend to change the nature of controversy. Counsel relied upon the judgments rendered by Hon'ble Apex Court in the case of Usha Balashaheb Swami and others Vs. Kiran Appaso Swami and others reported in (2007) 5 SCC 602 and Revajeetu

Builders and Developers Vs. Narayanswamy and Sons reported in (2009) 10 SCC 84.

Issue notice to the respondents on payment of process fee within three working days through registered A.D. mode, returnable within three weeks.

Till next date of hearing, proceedings pending before the trial court shall remain stayed.

List on 29.09.2021 for further orders.

C.C. as per rules.

(ANAND PATHAK) JUDGE

Rashid

Digitally signed by RASHID KHAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed1954237f6324416af3985b5e9940ed42, pseudonym=D0D045404B6F6AB1225B3600B86B72153386BADD, serialNumber=111CC474A72B078DC9A89F3CB13BB668FD8E0E91BEDA3CB721BBD836D768B 09C, cn=RASHID KHAN Date: 2021.09.03 15:45:23 +05'30'