Smt Suraj Kunwar Bai vs Bhadde Singh
2023 Latest Caselaw 7196 MP

                                                         1
                             IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                ON THE 3 rd OF MAY, 2023
                                             MISC. PETITION No. 2488 of 2023

                            BETWEEN:-
                            1.    SMT SURAJ KUNWAR BAI W/O LATE FATTE
                                  SINGH GOND, AGED ABOUT 58 YEARS,
                                  OCCUPATION: CASTE GOND R/O VILLALGE
                                  BENDI POLICE STATION RAJENDRAGRAM
                                  TAHSIL PUSHPARAJGARH DISTRCIT ANUPPUR
                                  (MADHYA PRADESH)

                            2.    PREMWATI BAI D/O LATE FATTE SINGH GOND,
                                  AGED ABOUT 39 YEARS, OCCUPATION: CASTE
                                  GOND R/O VILLAGE BENDI P.S. RAJENDRAGRAM
                                  TAHSIL PUSHPARAJGARH DISTRICT ANUPPUR
                                  (MADHYA PRADESH)

                            3.    HEMWATI BAI D/O LATE FATTE SINGH GOND,
                                  AGED ABOUT 37 YEARS, OCCUPATION: CASTE
                                  GOND R/O VILLAGE BENDI AT PRESENT R/O
                                  BIJAPURI   P.S.  KARANPATHAR     TAHSIL
                                  PUSHPARAJGARH DISTRICT ANUPPUR (MADHYA
                                  PRADESH)

                            4.    SUKAL SINGH S/O LATE FATTE SINGH GOND,
                                  AGED ABOUT 35 YEARS, OCCUPATION: CASTE
                                  GOND R/O VILLAGE BENDI P.S. RAJENDRAGRAM
                                  TAHSIL PUSHPARAJGARH DISTRICT ANUPPUR
                                  (MADHYA PRADESH)

                            5.    SURENDRA SINGH S/O LATE FATTE SINGH GOND,
                                  AGED ABOUT 32 YEARS, R/O VILLAGE BENDI P.S.
                                  RAJENDRAGRAM      TAHSIL PUSHPARAJGARH
                                  DISTRICT ANUPPUR (MADHYA PRADESH)

                            6.    BHAIYALAL S/O LATE FATTE SINGH GOND, AGED
                                  ABOUT 30 YEARS, OCCUPATION: CASTE GOND
                                  R/O VILLAGE BENDI P.S. RAJENDRAGRAM
                                  TAHSIL PUSHPARAJGARH DISTRICT ANUPPUR
                                  (MADHYA PRADESH)

                            7.    DINESH SINGH S/O LATE FATTE SINGH GOND,
                                  AGED ABOUT 28 YEARS, OCCUPATION: CASTE
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 5/4/2023
1:46:03 PM
                                                         2
                                  GOND R/O VILLAGE BENDI P.S. RAJENDRAGRAM
                                  TAHSIL PUSHPARAJGARH DISTRICT ANUPPUR
                                  (MADHYA PRADESH)

                            8.    SAMARWATI DEVI D/O LATE FATTE SINGH GOND,
                                  AGED ABOUT 20 YEARS, OCCUPATION: CASTE
                                  GOND R/O VILLAGE BENDI P.S. RAJENDRAGRAM
                                  TAHSIL PUSHPARAJGARH DISTRICT ANUPPUR
                                  (MADHYA PRADESH)

                                                                                      .....PETITIONERS
                            (BY SHRI VINAYAK PRASAD SHAH, ADVOCATE)

                            AND
                            1.    BHADDE SINGH S/O SHUDDHAN SINGH GOND,
                                  AGED ABOUT 53 YEARS, OCCUPATION: CASTE
                                  GOND R/O VILALGE BENDI CIRCL EPOLICE
                                  STATION     RAJENDRAGRAM         TAHSIL
                                  PUSHPARAJGARH DISTRICT ANUPPUR (MADHYA
                                  PRADESH)

                            2.    ROSTAM SINGH S/O SHUDDHAN SINGH GOND,
                                  AGED ABOUT 45 YEARS, OCCUPATION: CASTE
                                  GOND R/O VILLAGE BENDI P.S. RAJENDRAGRAM
                                  TAHSIL PUSHPARAJGARH DISTRICT ANUPPUR
                                  (MADHYA PRADESH)

                            3.    JAGPRATAP SINGH S/O SHUDDHAN SINGH GOND,
                                  AGED ABOUT 40 YEARS, OCCUPATION: CASTE
                                  GOND R/O VILLAGE BENDI P.S. RAJENDRAGRAM
                                  TAHSIL PUSHPARAJGARH DISTRICT ANUPPUR
                                  (MADHYA PRADESH)

                            4.    STATE  OF   MADHYA    PRADESH THROUGH
                                  COLLECTOR    ANUPPUR DISTRICT ANUPPUR
                                  (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                            (BY SHRI VIJAY KUMAR PANDEY, PANEL LAWYER FOR RESPONDENT-
                            STATE)

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

This miscellaneous petition has been preferred by the defendants challenging the order dtd.10.03.2023 passed by Civil Judge Junior Division, Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 5/4/2023 1:46:03 PM

Rajendragram, Distt.Anuppur in Civil Suit No.221-A/15 whereby learned trial Court, after the judgment of remand dtd.29.10.2021 in RCA No.20-A/2019 passed by Additional District Judge, Rajendragram, Distt. Anuppur, has allowed application under Order 6 Rule 17 CPC dtd.25.02.2022 and permitted the plaintiffs to amend their plaint.

2. Learned counsel for the petitioners/defendants submits that learned trial Court has committed illegality in passing the impugned order and in permitting the amendment in the plaint beyond the scope of judgment of remand whereby learned appellate Court has only permitted the plaintiffs to file certain documents in the evidence. He submits that before the first appellate Court, the plaintiffs did not file any application for amendment, therefore, learned trial Court was not having jurisdiction to entertain/allow the same. Accordingly, he prays for allowing the miscellaneous petition.

3. Heard learned counsel for the petitioners and perused the record.

4. Upon perusal of the judgment of remand dtd.29.10.2021 so also the amendment proposed by way of application under Order 6 Rule 17 CPC dtd.25.02.2022, it is clear that the plaintiffs want to amend the plaint in respect of the documents, which have already been permitted by learned first appellate Court, therefore, in my considered opinion, no prejudice has been caused to the defendants by allowing the application for amendment in the plaint.

5. It is also clear from the judgment of remand that learned appellate Court has already permitted the defendants to produce evidence in rebuttal.

6. As such, by granting opportunity to the defendants to make consequential amendment in the written statement, interference is declined in the impugned order and this miscellaneous petition is disposed off with the aforesaid observation.

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 5/4/2023 1:46:03 PM

7. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 5/4/2023 1:46:03 PM