Bhartiya Bhandar vs Shri Mahadev Ji Manir Trust
2023 Latest Caselaw 3619 MP

                                 1
 IN      THE     HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                             BEFORE
               HON'BLE SHRI JUSTICE VISHAL DHAGAT
                      ON THE 1 st OF MARCH, 2023
                   MISC. PETITION No. 1190 of 2023

BETWEEN:-
BHARTIYA BHANDAR PRO.MANISH KUMAR JAIN SON
OF SHRI SUSHIL KUMAR JAIN AGED ABOUT 22 YEARS
OCCUPATION BUSINESS R/O 715 GOLE BAZAR NEAR
DATT MANDIR JABALPUR (MADHYA PRADESH)

                                                             .....PETITIONER
(BY SHRI J. L. SONI, ADVOCATE)

AND
SHRI MAHADEV JI MANIR TRUST THROUGH THE
MANAGER/ TRUSTEE SHRI KUNJBIHARI SONI SON OF
SHRI RAJABHAIYA SONI AGED ABOUT 64 EARS R/O
NEW ANAND JEWELLERS SARAFA, JABALPUR DISTT.
JABALPUR THRO. POLIPATHAR JABALPUR (MADHYA
PRADESH)

                                                           .....RESPONDENTS
(NONE)

       This petition coming on for admission this day, th e court passed the

following:
                                  ORDER

Petitioner/defendant has filed this petition under Article 227 of Constitution of India, challenging order dated 21.2.2023 contained in Annexure P/1 passed by 14th Civil Judge Senior Division, Jabalpur in Civil Suit No.131A/09.

2. Petitioner/defendant has filed an application under Order 14 Rule 5 CPC, for framing of additional issues. Said application was dismissed by the trial court.

3. Learned counsel for the petitioner argued that application was dismissed as there was delay in trial and there is direction by High Court to conclude the trial within period of six months.

4. On going through order it is found that delay in trial was one of the consideration before the Court but was not the sole consideration for deciding the issue. Trial court has taken into consideration the fact that no counter claim has been filed by defendant and defendant is free to take his defence on basis of amendment made by him and he has opportunity to defend his case on basis of consequential amendment made by him, therefore, there is no requirement to frame additional issues. Trial court was within its jurisdiction to consider the

application and pass orders on it.

5. Order passed by the trial court cannot be said to be without jurisdiction, therefore, this Misc. Petition is dismissed.

6. Petitioner is at liberty to challenge said order in appeal if grievance of petitioner/defendant subsists after passing of final judgment and decree by the trial court.

(VISHAL DHAGAT) JUDGE mms

MONSI M Digitally signed by MONSI M SIMON DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=b7a13d854f2b056ad70e55fc14df62a077ba6bb803b 926572a35493c4e4d4e53,

SIMON pseudonym=63536DE44C6576A9B87417147ABF424B0EDF6 D68, serialNumber=4FC122D90CF46F5A64D36908C1DA150AF31A CB0AD0D38223877262704094037E, cn=MONSI M SIMON Date: 2023.03.03 16:46:14 +05'30'