Madhya Pradesh High Court
Govind Singh vs Smt. Gori Bai Yadav on 25 August, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 25 th OF AUGUST, 2023
MISC. PETITION No. 1082 of 2021
BETWEEN:-
PREMLAL YADAV S/O LATE BEHORA YADAV, AGED
ABOUT 50 YEARS, OCCUPATION: AGRICULTURE R/O
GRAM GATHEWARA, TEH, AND DISTT.CHHATARPUR
M.P (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI SIDDHARTH GULATI - ADVOCATE)
AND
1. GORI BAI YADAV D/O LATE BEHORE YADAV W/O
MANGAL SINGH YADAV, AGED ABOUT 71 YEARS,
R/O GRAM SURA, DISTT. CHHATARPUR M.P
(MADHYA PRADESH)
2. GULAB RANI @ NONI BAI W/O LATE NATHUA
YADAV, AGED ABOUT 76 YEARS, OCCUPATION:
D/O BEHORA YADAV R/O GRAM JYORIYA, TEHSIL
AND DISTT. MAHOBA (U.P.) (UTTAR PRADESH)
3. SHANTI @ SUNTI W/O LATE JAGAT SING, AGED
ABOUT 70 YEARS, OCCUPATION: D/O BEHORA
YADAV R/O GRAM BAGRON, TEHSIL
CHARKHARI,DISTT. MAHOBA (U.P.) (UTTAR
PRADESH)
4. SUMAT RANI @ ANNATI W/O RATAN SINGH,
AGED ABOUT 68 YEARS, OCCUPATION: D/O
BEHORA YADAV R/O GRAM BAGRON, TEHSIL
CHARKHARI, DISTT. MAHOBA (U.P.) (UTTAR
PRADESH)
5. RAMBI @ RAMBAI W/O MOTI LAL, AGED ABOUT
60 YEARS, OCCUPATION: D/O BEHORA YADAV R/O
GRAM RIKSHAPURWA, TEHSIL AND
DISTT.CHHATARPUR (M.P.) (MADHYA PRADESH)
6. MANI YADAV W/O LATE RAMNATH YADAV, AGED
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 8/26/2023
1:49:05 PM
2
ABOUT 56 YEARS, OCCUPATION: D/O BEHORA
YADAV R/O GRAM SURA, TEHSIL RAJNAGAR,
DISTT. CHHATARPUR (M.P.) (MADHYA PRADESH)
7. GOVIND SINGH S/O LAXMIPRASAD YADAV, AGED
ABOUT 60 YEARS, R/O GRAM GATHEWARA,
TEHSIL RAJNAGAR, DISTT. CHHATARPUR (M.P.)
(MADHYA PRADESH)
8. CHARAN SINGH S/O LAXMIPRASAD YADAV,
AGED ABOUT 57 YEARS, R/O GRAM GATHEWARA,
TEHSIL RAJNAGAR, DISTT. CHHATARPUR (M.P.)
(MADHYA PRADESH)
9. KISHAN S/O LAXMIPRASAD YADAV, AGED ABOUT
54 YEARS, R/O GRAM GATHEWARA, TEHSIL
RAJNAGAR, DISTT. CHHATARPUR (M.P.)
(MADHYA PRADESH)
10. DEVRAJ S/O LAXMIPRASAD YADAV, AGED ABOUT
50 YEARS, R/O GRAM GATHEWARA, TEHSIL
RAJNAGAR, DISTT. CHHATARPUR (M.P.)
(MADHYA PRADESH)
11. THE STATE OF M.P. THROUOGH COLLECTOR
C H H ATA R P U R DISTT. CHHATARPUR M.P
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI SHREYAS PANDIT - ADVOCATE FOR THE RESPONDENT NO.1,
SHRI ANOOP SAXENA - ADVOCATE FOR RESPONDENTS NO. 7 TO 10 AND
SHRI V.K. SHUKLA - PANEL LAWYER FOR THE RESPONDENT NO.11 -
STATE)
MISC. PETITION No. 1089 of 2021
BETWEEN:-
1. GOVIND SINGH S/O LAKSHAMI PRASAD YADAV,
AGED ABOUT 63 YEARS, OCCUPATION:
AGRICULTURIST R/O GATHEVRA TEH.
RAINAGAR DISTT. CHHATARPUR MP (MADHYA
PRADESH)
2. CHARAN SINGH S/O LAKSHAMI PRASAD YADAV,
AGED ABOUT 60 YEARS, OCCUPATION:
AGRICULTURIST R/O GATHEVRA TEH.
RAINAGAR DISTT. CHHATARPUR MP (MADHYA
PRADESH)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 8/26/2023
1:49:05 PM
3. KISHAN S/O LAKSHAMI PRASAD YADAV, AGED
ABOUT 57 YEARS, OCCUPATION: AGRICULTURIST
R/O GATHEVRA TEH. RAINAGAR DISTT.
CHHATARPUR MP (MADHYA PRADESH)
4. DAVRAJ S/O LAKSHAMI PRASAD YADAV, AGED
ABOUT 53 YEARS, OCCUPATION: AGRICULTURIST
R/O GATHEVRA TEH. RAINAGAR DISTT.
CHHATARPUR MP (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI ANOOP SAXENA - ADVOCATE)
AND
1. SMT. GORI BAI YADAV D/O LATE SHRI BAHORA
YADAV W/O MANGAL SINGH YADAV R/O VILL
SURA DISTT. CHHATARPUR MP (MADHYA
PRADESH)
2. PREMLAL YADAV S/O LATE SHRI BAHORA YADAV
R/O GATHEVRA TEH. RAINAGAR DISTT.
CHHATARPUR MP (MADHYA PRADESH)
3. SMT. GULAB RANI @ NONI BAI W/O LATE SHRI
NATTHU YADAV VILLAGE JYORAIYA TEH. (UTTAR
PRADESH)
4. SMT. SHANTI @ SHUNTI W/O LATE SHRI JAGAT
S I N G H VILLAGE BAGRAUN TEH. CHARKHARI
(UTTAR PRADESH)
5. SMT. SUMAT RANI @ ANANTI W/O RATAN SINGH
VILLAGE BAGRAUN TEH. CHARKHARI (UTTAR
PRADESH)
6. SMT. RAMMBI @ RAMBAI W/O MOTILAL
VILLAGE RIKSHA PURVA TEH. (MADHYA
PRADESH)
7. SMT. MANI YADAV W/O LATE RAMNATH YADAV
VILLAGE SURA TEH. RAJNAGAR (MADHYA
PRADESH)
8. STATE OF M.P. THR. COLLECTOR DISTT.
CHHATARPUR M.P (MADHYA PRADESH)
.....RESPONDENTS
(SHRI V.K. SHUKLA - PANEL LAWYER FOR THE RESPONDENT NO.8 -
STATE )
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 8/26/2023
1:49:05 PM
These petitions coming on for admission this day, the court passed the
following:
ORDER
These Miscellaneous Petitions are filed by the defendants being aggrieved
of order dated 04.03.2021, passed by learned First Civil Judge, Class-II,
Chhatarpur (M.P.), in Civil Suit No.11-A/2017, on a singular ground that
amendment in the plaint has been allowed at the stage of the judgment.
It is submitted that there is an undertaking on behalf of the plaintiffs that
they will not reopen the suit for evidence, but the fact is that since consequential
amendment will be required that will delay the proceedings and, therefore,
amendment at a belated stage should not have been allowed.
Shri Shreyas Pandit, supports the impugned order and submits that
impugned order having been passed with a view to do complete justice between
the parties, does not call for any interference.
After hearing learned counsel for the parties and going through the
judgment of Supreme Court in Life Insurance Corporation of India Vs.
Sanjeev Builders Private Limited and another [2022 Live Law SC 729],
Supreme court has held that delay in applying for amendment alone is not a
ground to disallow the prayer. Where the aspect of delay is arguable, the prayer
for amendment could be allowed and the issue of limitation framed separately
for decision.
It is further held that all amendments are to be allowed which are
necessary for determining the real question in controversy provided it does not
cause injustice or prejudice to the other side.
Taking these facts and legal position enumerated by Supreme Court in
Life Insurance Corporation of India Vs. Sanjeev Builders Private Limited
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 8/26/2023
1:49:05 PM
and another (supra), into consideration, impugned order cannot be faulted
with.
Petitions fail and are dismissed.
(VIVEK AGARWAL)
JUDGE
A.Praj.
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 8/26/2023
1:49:05 PM
