Heeraram vs Indraduttram
2022 Latest Caselaw 16016 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                           ON THE 5 th OF DECEMBER, 2022
                                           SECOND APPEAL No. 479 of 2015

                          BETWEEN:-
                          HEERARAM S/O LATE SHRI SWAMI SHARAN, AGED
                          ABOUT 68 YEARS, GRAM AMILIYA TEH. SIHABAL P.S.
                          AMILIYA (MADHYA PRADESH)

                                                                              .....APPELLANT
                          (BY SHRI DHANANJAY CHATURVEDI-ADVOCATE )

                          AND
                          1.    INDRADUTTRAM S/O KESHAVRAM, AGED ABOUT
                                60 YEARS, GRAM AMILIYA, TEH. SIHABAL P.S.
                                AMILIYA (MADHYA PRADESH)

                          2.    MUNNIDEVI W/O TEJARAM, AGED ABOUT 43
                                Y E A R S , GRAM   AMILIYA   TEH.   SIHABAL
                                P.S.AMILIYA DISTT. SIDHI (MADHYA PRADESH)

                          3.    DAYASHANKAR S/O LATE TEJARAM, AGED
                                ABOUT 25 YEARS, GRAM AMILIYA TEH. SIHABAL
                                P.S.AMILIYA DISTT. SIDHI (MADHYA PRADESH)

                          4.    ASHA DEVI D/O TEJARAM, AGED ABOUT 23
                                Y E A R S , GRAM   AMILIYA   TEH.   SIHABAL
                                P.S.AMILIYA DISTT. SIDHI (MADHYA PRADESH)

                          5.    RAMASHANKAR S/O LATE TEJARAM, AGED
                                ABOUT 21 YEARS, GRAM AMILIYA TEH. SIHABAL
                                P.S.AMILIYA DISTT. SIDHI (MADHYA PRADESH)

                          6.    CHUKNI (DELETE) W/O LATE SHRI KESHAVRAM
                                GRAM AMILIYA TEH. SIHABAL P.S.AMILIYA
                                DISTT. SIDHI (MADHYA PRADESH)

                          7.    MANJI (DELETE) D/O LATE KESHAVRAM GRAM
                                AMILIYA TEH. SIHABAL P.S.AMILIYA DISTT.
                                SIDHI (MADHYA PRADESH)

Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 12/7/2022
12:48:22 PM
                                                             2
                          8.      MANVATI D/O LATE KESHAVRAM, AGED ABOUT
                                  41    YEARS, GRAM AMILIYA TEH. SIHABAL
                                  P.S.AMILIYA DISTT. SIDHI (MADHYA PRADESH)

                          9.      KALLU D/O LATE KESHAVRAM, AGED ABOUT 34
                                  Y E A R S , GRAM   AMILIYA   TEH.   SIHABAL
                                  P.S.AMILIYA DISTT. SIDHI (MADHYA PRADESH)

                          10.     GIRJA D/O LATE KESHAVRAM, AGED ABOUT 31
                                  Y E A R S , GRAM   AMILIYA   TEH.   SIHABAL
                                  P.S.AMILIYA DISTT. SIDHI (MADHYA PRADESH)

                          11.     KUNJBIHARIA S/O SHRI MAHAVIRRAM, AGED
                                  ABOUT 58 YEARS, GRAM AMILIYA TEH. SIHABAL
                                  P.S.AMILIYA DISTT. SIDHI (MADHYA PRADESH)

                          12.     RAMRAJ (DEAD) S/O LATE SHRI JOKHAIRAM
                                  OCCUPATION: THROUGH BHAILAL S/O SHRI
                                  RAMRAJ SHUKLA GRAM AMILIYA TEH. SIHABAL
                                  P.S.AMILIYA DISTT. SIDHI (MADHYA PRADESH)

                          13.     BHAILAL S/O SHRI RAMRAJ SHUKLA, AGED
                                  ABOUT 60 YEARS, GRAM AMILIYA TEH. SIHABAL
                                  P.S.AMILIYA DISTT. SIDHI (MADHYA PRADESH)

                          14.     SACHITANAND S/O SHRI RAMRAJ SHUKLA, AGED
                                  ABOUT 40 YEARS, GRAM AMILIYA TEH. SIHABAL
                                  P.S.AMILIYA DISTT. SIDHI (MADHYA PRADESH)

                          15.     BRAMHDUTT S/O LATE SHRI SWAMI SHARN,
                                  AGED ABOUT 63 YEARS, GRAM AMILIYA TEH.
                                  SIHABAL P.S.AMILIYA DISTT. SIDHI (MADHYA
                                  PRADESH)

                                                                                                        .....RESPONDENTS
                          (BY SHRI S.K. DUBEY-ADVOCATE FOR RESPONDENT-11 )

                                  This appeal coming on for admission this day, th e court passed the
                          following:
                                                                        ORDER

This second appeal has been preferred by the appellant/defendant 2-M.P. Board of Secondary Education, Bhopal challenging the judgment and decree dated 17.02.2020 passed by 17th Additional District Judge, Bhopal passed in Civil Appeal No.139-A/2019 reversing the judgment and decree dated 16.08.2019 passed by I Civil Judge Class-II, Bhopal in Civil Suit No.113- A/2018.

2. The suit was filed by the respondent 1-Akram Qureshi for declaration of title and mandatory injunction to the effect that it be declared that the correct name of plaintiff is Akram Qureshi son of Ikram Qureshi instead of Akram Khan son of Imran Khan and that the defendants authorities be Signature Not Verified directed to record the correct name in the mark-sheets/documents issued by them. Signed by: S HUSHMAT HUSSAIN Signing time: 12/7/2022 12:48:22 PM

3. Learned trial Court vide judgment and decree dated 16.08.2019 dismissed the suit, which upon appeal filed by the respondent 1-Akram Qureshi has been decreed by learned first appellate Court vide its judgment and decree dated 17.02.2020 declaring that the correct name of plaintiff is Akram Qureshi son of Ikram Qureshi with the further direction to the respondents/defendants to correct the name in the concerning /necessary documents/mark-sheets.

4. Learned senior counsel for the appellant defendant 2- M.P. Board of Secondary Education, Bhopal submits that learned first appellate Court has on presumption and wrong assumptions not acceptable in the eyes of law, decreed the suit, whereas the findings recorded by learned first appellate Court in para 19-21 are not sustainable. Accordingly, he prays for admission of the present second appeal.

5. Heard learned counsel for the parties and perused the record.

6. Learned first appellate Court has on the basis of oral and documentary evidence held that the correct name of plaintiff is Akram Qureshi son of Ikram Qureshi, which is final Court of facts and law. Further, the appellant is defendant 2-M.P. Board of Secondary Education, Bhopal who in the light of finding of fact recorded by first appellate Court with regard to identity of plaintiff/respondent 1, cannot be said to be an aggrieved party.

7. Even otherwise, finding with regard to identity of a person and his paternity is a finding of fact and is not liable to be interfered with in the limited scope of second appeal under Section 100 CPC, therefore, this second appeal having found no involvement of substantial question of law deserves to be and is hereby dismissed in limine under Order 41 Rule 11 CPC.

8. However, no order as to costs.

9 . Interim application(s), if any, shall stand disposed of.

(DWARKA DHISH BANSAL) JUDGE sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 12/7/2022 12:48:22 PM