Deepak Nigam vs Smt Vijaykumari
2023 Latest Caselaw 15838 MP

                                               1
                          IN THE HIGH COURT OF MADHYA PRADESH
                                       AT GWALIOR
                                         MP No. 5608 of 2023
                          (DEEPAK NIGAM AND OTHERS Vs SMT VIJAYKUMARI AND OTHERS)

Dated : 25-09-2023
              Shri Abhishek Singh Bhadoria - Advocate for the petitioners.

              Heard on admission/stay.
              Petitioners are defendants in the case and aggrieved by order dated
08.04.2023 passed by the trial Court, whereby application under Section 151 of
CPC preferred by the defendants stands rejected and right of written statement
has been closed by subsequent order dated 29.04.2023.

              Grievance as echoed in the petition is that document which have been
filed by the plaintiffs appears to be a judgment dated 28.12.1960 and is not
legible at all. This fact has been recognized by the trial Court itself but still
proceeded on the assumption that defendants knew this judgment and therefore
they can file written statement even on the basis of plaint averments. According
to the learned counsel for the petitioner, said approach is arbitrary.
              Issue notice to the respondents on payment of process fee within seven

working days through registered A.D. mode, failing which the petition shall stand dismissed without further reference to this Court.

Notice be made returnable within four weeks. Till next date of hearing, proceedings pending before the trial Court shall remain stayed.

List the case in week commencing 30.10.2023.

(ANAND PATHAK) JUDGE

AK/-

ANAND KUMAR 2023.09.26 10:37:56 +05'30'