Madhya Pradesh High Court
Ramesh Kumar Tripathi vs Premvati Tripathi on 9 February, 2023
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 9 th OF FEBRUARY, 2023
MISC. PETITION No. 3225 of 2022
BETWEEN:-
1. RAMESH KUMAR TRIPATHI S/O SHRI
SURYABHAN TRIPATHI, AGED ABOUT 60 YEARS,
OCCUPATION: AGRICULTURIST R/O MOHALLA
BADRAON WARD NO. 26 GURH ROAD, REWA
TAHSIL HUZUR DISTT. REWA (MADHYA
PRADESH)
2. VIRENDRA KUMAR TRIPATHI S/O SHRI
SURYABHAN TRIPATHI, AGED ABOUT 54 YEARS,
OCCUPATION: AGRICULTURIST R/O MOHALLA
BADRAON WARD NO. 26 GURH ROAD REWA
TAHSIL HUZUR DISTT. REWA (MADHYA
PRADESH)
3. VINOD KUMAR TRIPATHI S/O SHRI SURYABHAN
TRIPATHI, AGED ABOUT 50 YEARS, OCCUPATION:
AGRICULTURIST R/O MOHALLA BADRAON
WARD NO. 26 GURH ROAD, REWA TAHSIL HUZUR
DISTT. REWA (MADHYA PRADESH)
4. VINAY KUMAR TRIPATHI S/O SHRI SURYABHAN
TRIPATHI, AGED ABOUT 46 YEARS, R/O MOHALLA
BADRAON WARD NO. 26 GURH ROAD, REWA
TAHSIL HUZUR DISTT. REWA (MADHYA
PRADESH)
5. PAWAN KUMAR TRIPATHI S/O SHRI SURYABHAN
TRIPATHI, AGED ABOUT 38 YEARS, OCCUPATION:
AGRICULTURIST R/O MOHALLA BADRAON
WARD NO. 26 GURH ROAD, REWA TAHSIL HUZUR
DISTT. REWA (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI P.S.GAHARWAR - ADVOCATE )
AND
1(A) PREMVATI TRIPATHI W/O LATE AWADHLAL
TRIPATHI, AGED ABOUT 75 YEARS, R/O MOHALLA
Signature Not Verified
Signed by: TRUPTI GUNJAL
Signing time: 11-02-2023
16:44:25
2
BADRAON WARD NO. 26 GURH ROAD REWA
TAHSIL HUZUR DIST. REWA PRESENT ADDRESS
DEVALAYA, J.P ROAD PADRA, TAHSIL HUZUR,
DISTRICT REWA (MADHYA PRADESH)
1(B) SANGEETA SHUKLA D/O LATE AWADHLAL
TRIPATHI, AGED ABOUT 56 YEARS R/O MOHALLA
BADRAON WARD NO. 26 GURH ROAD REWA
TAHSIL HUZUR DIST. REWA PRESENT ADDRESS
DEVALAYA, J.P ROAD PADRA, TAHSIL HUZUR,
DISTRICT REWA (MADHYA PRADESH)
1(C) SUNITA SHUKLA D/O LATE AWADHLAL TRIPATHI,
AGED ABOUT 56 YEARS R/O MOHALLA BADRAON
WARD NO. 26 GURH ROAD REWA TAHSIL HUZUR
DIST. REWA PRESENT ADDRESS DEVALAYA, J.P
ROAD PADRA, TAHSIL HUZUR, DISTRICT REWA
(MADHYA PRADESH)
2. SANTOSH KUMAR TRIPATHI S/O SHRI
AWADHLAL TRIPATHI, AGED ABOUT 54 YEARS
R/O MOHALLA BADRAON WARD NO. 26 GURH
ROAD REWA TAHSIL HUZUR DIST. REWA
PRESENT ADDRESS DEVALAYA, J.P ROAD PADRA,
TAHSIL HUZUR, DISTRICT REWA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI M.P.SHUKLA - ADVOCATE )
This petition coming on for admission this day, th e court passed the
following:
ORDER
This petition, under Article 227 of the Constitution of India has been filed
against the order dated 25.06.2022 passed by Sixth Civil Judge, Junior Division,
Rewa, District Rewa in Civil Suit No.67/2016, by which the application filed by
the petitioners/defendants under Order 6 Rule 17 CPC for amendment in the
written statement, has been rejected.
2. The facts necessary for disposal of the present petition in short, are
that the suit was filed on 22.02.2016 for declaration of title as well as for
Signature Not Verified
Signed by: TRUPTI GUNJAL
Signing time: 11-02-2023
16:44:25
possession. The petitioners filed their written statement on 08.11.2019 claiming
that the property in dispute was purchased by their father by a registered sale
deed dated 10.04.1961 for a consideration amount of Rs.250/-.
3. It appears that the application filed under Order 39 Rule 1 and 2 was
dismissed against which the respondents preferred the appeal, which was
allowed and the matter was remanded back with a direction to the Civil Court to
grant liberty to the parties to file the documents in their favour. Thereafter it
appears that the petitioners filed an application under Order 6 Rule 17 of CPC;
thereby claiming that the property in dispute is the Joint Hindu Family Property.
4. The trial court by the impugned order has rejected the application. It is
submitted by the counsel for the petitioners that it is well established principal
of law that while considering the application under Order 6 Rule 17 CPC, the
Court must adopt a liberal view and to buttress his contention, he has relied
upon the judgments of the Supreme Court delivered in the cases of
M/s.Chakreshwari Construction Pvt.Ltd. Vs. Manohar Lal, decided on
10.02.2017 in Civil Appeal Nos.2343-44/2017 and The State of Bihar and
others Vs. Modern Tent House and Another, decided on 16.08.2017 in
Civil Appeal No.3845/2008 as well as the order passed by a Coordinate
Bench of this Court in the case of Kanakmal Vs. Nighat Jahan, decided on
29.04.2019 in M.P.No.1875/2019.
5. Per contra, the petition is vehemently opposed by the counsel for the
respondents. It is submitted that initially the defendants had claimed that the
land in dispute is the self-acquired property of their father having been
purchased by a registered sale deed for a consideration amount of Rs.250/- and
now the defendants want to change their stand and claim that the land in dispute
is a Joint Hindu Family Property, as it is an ancestral property.
Signature Not Verified
Signed by: TRUPTI GUNJAL
Signing time: 11-02-2023
16:44:25
6. Heard the learned counsel for the parties.
7. The suit was filed in the year 2016; whereas the application for
amendment has been filed on 20.01.2022. The petitioners are changing their
stand from stage to stage. It appears that once the Appellate Court had
remanded the application filed under Order 39 Rule 1 and 2 CPC with liberty to
the parties to file documents in their support, the petitioners have decided to
change their stand by claiming that the property is a Joint Hindu Family
Property instead of self-acquired property of their father.
8. Under these circumstances, this Court is of the considered opinion
that the trial court did not commit any mistake by rejecting the application under
Order 6 Rule 17 CPC.
9. As no jurisdictional error was committed by the trial court,
accordingly, the order dated 25.06.2022 passed by Sixth Civil Judge, Junior
Division, Rewa, District Rewa in Civil Suit No.67/2016 is hereby affirmed.
10. The petition fails and is hereby dismissed.
(G.S. AHLUWALIA)
JUDGE
TG /-
Signature Not Verified
Signed by: TRUPTI GUNJAL
Signing time: 11-02-2023
16:44:25
