Rajesh@ Bubble Dixit vs Deepak Kadam
2024 Latest Caselaw 14555 MP

Madhya Pradesh High Court

Rajesh@ Bubble Dixit vs Deepak Kadam on 16 May, 2024

                                                             1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE RAJENDRA KUMAR-IV
                                                 ON THE 16 th OF MAY, 2024
                                             MISC. PETITION No. 2632 of 2024

                          BETWEEN:-
                          RAJESH @ BUBBLE DIXIT S/O LATE SHRI JANARDAN
                          DIXIT, AGE- NEAR ABOUT 48 YEARS, R/O NEAR
                          MASCOT HOSPITAL, URMILA VIHAR, TILAK NAGAR,
                          LASHKAR, GWALIOR.

                                                                                         .....PETITIONER
                          (BY SHRI ANVESH JAIN - ADVOCATE)

                          AND
                          DEEPAK KADAM S/O LATE SHRI YASHWANT RAO
                          KADAM, AGE- 58 YEARS, OCCUPATION- MEDICINE
                          MANUFACTURER, R/O OPPOSITE CENTRAL BANK,
                          ROXY PUL, KAMPOO ROAD, LASHKAR, GWALIOR.

                                                                                        .....RESPONDENT


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

By this petition under Article 227 of the Constitution of India, petitioner assails the order dated 1/5/2024 passed by 25th Civil Judge, Junior Division, Gwalior in Case No.519/2018 RCSA.

2. Heard learned counsel for the petitioner.

3. Main contention of learned counsel for the petitioner is that defendant has moved an application under Order VI Rule 17 of CPC for amendment in Written Statement, which has been dismissed with cost of Rs.1,000/-. He further submits that Court should adopt liberal view while deciding the

application under Order VI Rule 17 of CPC. In support of his contention, learned counsel for the petitioner relied upon the judgment dated 1/9/2022 passed by the Supreme Court in the case of Life Insurance Corporation of India Vs. Sanjeev Builders Private Limited and another (Civil Appeal No.5909/2022).

4. Perused the record.

5. Learned Court below while deciding the application under Order VI Rule 17 of CPC recorded its finding that the case is at the stage of cross- examination of plaintiff's witness Deepak Kadam and earlier also applicant/defendant moved applications under Order VI Rule 17 of CPC on

14/3/2024 and 21/2/2024 and proposed amendment could have been included in earlier amendment applications, but the defendant has not presented any reason not to include the proposed amendment in the earlier amendment applications. It is also observed by the Court below in its impugned order that present case is in the list of 25 old cases.

6. Upon consideration of facts and circumstances of the case, submissions made by learned counsel for the petitioner, legal position of Order VI Rule 17 CPC, conduct of the petitioner and judgment referred by the petitioner in support of his case, I do not find any good ground to interfere with the impugned order. Petition is dismissed at the admission stage with the cost of Rs.5,000/-, which shall be deposited by the petitioner within a period of one month from today in the Legal Aid Services Authority, Gwalior. In case, cost is not deposited within the stipulated time by the petitioner, the Principal Registrar of this Court shall recover it, as arrears of land revenue. Interim application, if any, would stand disposed of accordingly.

(RAJENDRA KUMAR-IV) JUDGE Arun*