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Madhya Pradesh High Court
Mahesh Gaud vs Shri Khanderao Bheruji Evan Shri ... on 16 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:10179
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 16th OF APRIL, 2026
MISC. PETITION No. 2294 of 2026
MAHESH GAUD
Versus
SHRI KHANDERAO BHERUJI EVAN SHRI CHARBHUJA MANDIR
DHANGAR PURBIYA SAMAJ TRUST DHANGAR MOHALLA
MANDSA AND OTHERS
Appearance:
Shri Pourush Ranka - Advocate for the petitioner.
ORDER
This Miscellaneous Petition is preferred under Article 227 of the
Constitution of India against impugned orders dated 17.03.2026 (Annexure
P/1), 29.01.2025 (Annexure P/2) and 09.11.2024 (Annexure P/3) passed in
Civil Suit RCSA/272/2018 (Khanderao Bheruji vs. Mahesh Gaur etc.).
0 2 . Learned counsel submits that the petitioner is defendant No. 1
before the trial Court. He has filed an application under Order VIII Rule 1(3)
r/w Section 151 of CPC before the trial Court which was decided vide order
dated 09.11.2024 (Annexure P/3) whereby an amount of Rs.2000/- was
imposed as a condition for taking participation in the proceedings. Learned
counsel submits that there was no time limit for filing the cost and it is also
not mentioned in that order whether the amount is to be deposited with the
CCD or it is to be paid to the plaintiff. Learned counsel further submits that
he had deposited the amount of Rs.2000/- in CCD account which was filed
NEUTRAL CITATION NO. 2026:MPHC-IND:10179
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along with this petition. Learned counsel submits that he has filed an
application under Order 11 Rule 16 of CPC which has been dismissed of
vide order dated 29.01.2025 Annexure P/2 and it was also mentioned that
due to non-deposit of the cost amount, his right to participate in the
proceedings, leading evidence and cross-examine the plaintiff witnesses is
closed. Thereafter he filed other two applications Annexure P/6 & P/8 under
Section 151 of CPC for recalling of order dated 29.01.2025, also seeking
permission to deposit the cost amount and also seeking clarification where
the amount has to be deposited. However, that applications have also been
dismissed vide order dated 17.03.2026 and being aggrieved by the aforesaid
orders, the petitioner has filed this petition.
0 3 . Heard and considered the submissions made by learned counsel
and perused the record.
04. From perusal of the aforesaid orders, it is apparent that defendant
has been little bit negligent in not complying with the order Annexure P/3
dated 09.11.2024, but the consequences which have followed by order
Annexure P/1 & P/2 are not proportionate, therefore, looking to the aforesaid
fact that the amount has already been deposited, this Court is of the view that
it will prejudicely affect the interests of the defendant if he is not allowed to
take part in the proceedings, for leading evidence in support of his pleadings
and to cross examine the plaintiff witnesses.
05. In view of the above, this petition is allowed subject to depositing
the cost of Rs.5,000/- (Rupees Five Thousand only) which shall be deposited
in the account of President and Secretary, High Court Employees Union
NEUTRAL CITATION NO. 2026:MPHC-IND:10179
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(Account No.63006406008, Branch Code No.30528, IFSC
No.SBINO030528) and that will be deposited in addition to the amount
already deposited before the trial Court. Orders passed by the Court below in
debarring the petitioner from taking part in the proceedings, debarring from
cross-examine the plaintiff's witnesses and also debarring from leading his
own evidence are hereby set aside. The petitioner will appear before the
learned trial Court along with copy of the order of this Court within 15 days
along with aforesaid receipt as well as receipt of the amount which has
already been deposited in CCD account and thereafter the trial Court will
comply with the order passed by this Court.
06. Accordingly, this Miscellaneous Petition is allowed and disposed
of to the extent herein above indicated.
(BINOD KUMAR DWIVEDI)
JUDGE
soumya
