Dismissed

Dharmpal and Anr. v. Shivkumar and Ors.

Chhattisgarh HC1 Dec 2012WP227/741/2012

Case brief

AI extract

What is this about?

This High Court dismissed a writ petition under Article 227 against the rejection of interlocutory applications in a pending civil suit. The court held that remedies lie in appeal after the final judgment rather than through writ intervention at this stage.

What did the court decide?

The writ petition was dismissed in limine; liberty granted to challenge the order in future appeal.

Dharmpal and Anr. Vs Shivkumar and Ors. — Civil Procedure and Limitation | Chhattisgarh HC (2012)

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IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.l

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W. P. (227) No. ^i

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of 2012

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PETITIONERS/ :1. Plaintiffs

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„}^.^•••^"tlibfc1- t^c'
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^e ^

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Dharrapal S/o Chainru, aged about 40 years, Occupation-Agriculturist

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Udaychand S/o Chamru, aged about 32 Occupationyears,

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Agriculturist,

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Both are R/o Village Rajkheta, Police^-Basantpur, Post & TahsilWadrafnagar, District-Balrainpur (C.G.) Pin Code No. : t^y^-tlJS

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VERSUS

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RESPONDENTS/ :1. Defendants

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Shivkumar S/o Rainkhelawan, aged about 32 years,

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Occupation-Agriculturist,

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Ishwar S/o Rainkhelawan, aged about 28 Occupationyears,

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Agriculturist

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Jagdish 8/0 Rarakhelawan, aged about 25 years, OccupationAgriculturist

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Smt. Kalawati Ramkhelawan, aged about 39 Occupation-Agriculturist

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years, & Housewife

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Respondents no. 1 to 4 are R/o Village Rajkheta, Police - Basantpur, Post 85 TahsilWadrafnagar, District-Balrampur (C.G.) Pin Code No. : ^yi'i.S'

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State of Chhattisgarh, through the Collector, Surguja, now Balrampur, Post Office & PoliGe StationBalrampur (C.G.) PfflCpde Nor: &-

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Smt. Kunti Devi W/o RambeLhoran Patel (wrongly mentioned as Rambasoran Patel), aged about 55 years, R/o Wadrafnagar, P.S. & Post OfficeWadrafnagar, District-Balrampur (C.G.) Pin Code No. : 4-a^2.'2.S~

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WMT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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S.B.: HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

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Writ Petition (2271 No.741/2012

PETITIONERS

Dhannpal and another

Versus

RESPONDENT Shivkumar and others

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•^—^,

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WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA

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Aonearance :

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Mr. Parag Kotecha, Counsel for the petitioner. Mr. Sanjeev Kumar Agarwal, Panel Lawyer for the

State.

ORAL ORDER

(01.12.2012)

Heard.

(2) This writ pedtion is filed by the plamtiffs under Article 227 of the Constitution of India against the order dated 18.09.2012, passed by the Civil Judge Class-II, Wadrafnagar, District Balrampur Ramanujganj (C.G.), whereby, the two applications, one made under Order 18 Rule 17 read with Section 151 of C.P. Code and the other made under Order 16 Rule 1 of the C.P. Code, by the plaintiffs in a pending civil suit have been rejected.

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1:1!

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(3) In my opinion, neither the writ petition and nor the revision under Section 115 of the Code lies against the order rejecting the such applications by the trial Court passed in a pending civil suit.

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(4) That apart, even if any adverse order is passed after rejecting the application made under Order 18 Rule 17 and Order 16 Rule 1 of C.P. Code and the petition is held entertainable yet in my view in the facts of this case, remedy of the petitioners (plaintiffs) would lie in challenging the said order only when the suit is finally decided by filing an appeal against the final judgment rather than to take recourse to filing the writ petidon. To take recourse to this remedy, the occasion may arise or may not but ifit arises, then, it should be resorted to.

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(5) I, therefore, decline to interiere in the impugned order passed by fhe learned Civil Judge at this stage and grant liberty to the petitioner to raise the ground against final judgment in an appeal in future, if occasion arises to challenge the impugned order questioned in this petition.

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(6) It is with these observations, the petition fails and is hereby dismissed in limine.

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(7) No cost.
Sd/-
(Abhay Manohar Sapre)
JUDGE

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shyaa

Dharmpal and Anr. v. Shivkumar and Ors.

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Dharmpal and Anr. v. Shivkumar and Ors.

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